34:0709(122)NG - AFGE LOCAL 1931 and U.S. DEPARTMENT OF THE NAVY,NAVAL WEAPONS STATION CONCORD, CALIFORNIA -- 1990 FLRAdec NG

 34 FLRA NO. 122



              AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
                              LOCAL 1931

                                 and

                     U.S. DEPARTMENT OF THE NAVY
                        NAVAL WEAPONS STATION
                         CONCORD, CALIFORNIA

                              0-NG-1768

ORDER DISMISSING PETITION FOR REVIEW

     February 2, 1990

     The American Federation of Government Employees, Local 1931
(Union) has filed a petition for review of negotiability issues
in the above-referenced case. On December 8, 1989, the Authority
issued an Order granting the Union an opportunity to correct
deficiencies in its petition for review. For the reasons set out
below, the Union's petition for review must be dismissed.

     The Authority's December 8, 1989 Order stated that the
Union's response must be filed by December 15, 1989, and that
failure to comply with the Order may result in dismissal of the
Union's petition. 5 C.F.R. 2424.4(c)(1). The Union filed its
response to the Authority's Order on December 19, 1989.

     In its response, the Union asserts that section 2429.22 of
the Authority's regulations adds 5 days to the December 15, 1989
due date because the Authority's December 8 Order was served on
the Union by mail.

     In pertinent part, section 2429.22 provides:

     (W)henever a party has the right or is required to do some
act pursuant to this subchapter within a prescribed period after
service of a notice or other paper upon such party, and
the notice or paper is served on such party by mail, five (5)
days shall be added to the prescribed period(.) (Emphasis
added.)

     Examples of "prescribed periods" within the meaning of 5
C.F.R. 2429.22 include the following:

     (1) Any party may file an opposition to an application for
review of a Regional Director's Decision and Order with the
Authority within 10 days after service of the application for
review. 5 C.F.R. 2422.17.

     (2) Any exception to an Administrative Law Judge's decision,
and briefs in support of exceptions, may be filed by any party
with the Authority within 25 days after service of the decision.
5 C.F.R. 2423.26(c).

     (3) The time limit for filing a petition for review with the
Authority is 15 days after the date the agency's allegation of
nonnegotiability is served on the exclusive representative. 5
C.F.R. 2424.3.

     (4) The time limit for filing an exception to an arbitration
award with the Authority is 30  days beginning on the date the
award is served on the filing party. 5 C.F.R. 2425.1(b).

     The Authority's action in its December 8, 1989 Order of
assigning a due date for the Union to correct deficiencies in its
petition for review was predicated on section 2424.4(c)(1) of its
regulations:

     Filing an incomplete petition for review will result in the
exclusive representative being asked to provide the missing or
incomplete information. Noncompliance with a request to complete
the record may result in dismissal of the petition. (5 C.F.R.
2424.4(c)(1).)

     Section 2424.4(c)(1) does not prescribe any period for
action. The Authority's assignment of a due date for the Union to
correct deficiencies in its petition for review was not a
function of a "prescribed period" in section 2424.4(c)(1) or any
other section of the Authority's regulations. Therefore, 5 days
cannot properly be added by operation of section 2429.22 to the
December 15, 1989 due date stated in the Authority's December 8,
1989 Order. 

     Accordingly, as the Union has failed to timely respond to
the Authority's Order of December 8, 1989, the Union's petition
for review is dismissed. 5 C.F.R. 2424.4(c)(1).

     For the Authority.

Alicia N. Columna
Director, Case Control Office