37:0460(30)NG - INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL F-33 and U.S. NAVY, NAVAL AIR STATION, SAN DIEGO, CALIFORNIA -- 1990 FLRAdec NG

37 FLRA NO. 30
37 FLRA 460 (1990)

 21 SEP 1990


              INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
                              LOCAL F-33
                                (Union)

                                  and

                      U.S. DEPARTMENT OF THE NAVY
                          NAVAL AIR STATION
                         SAN DIEGO, CALIFORNIA
                               (Agency)

                               0-NG-1867

ORDER DISMISSING PETITION FOR REVIEW

     September 21, 1990

     The Union has filed a petition for review of negotiability
issues in the above-captioned case. The Union's petition for
review is untimely and must be dismissed.

     A petition for review of negotiability issues must be filed
with the Authority within 15 days after service on the Union of
the Agency's allegation of nonnegotiability. 5 C.F.R. 2424.3. The
date of service is the date the allegation is deposited in the
U.S. mail or is delivered in person. 5 C.F.R. 2429.27(d). If the
allegation is served by mail, 5 days are added to the 15-day
period for filing the petition for review. 5 C.F.R. 2429.22. The
time limit may not be extended or waived by the Authority. 5
C.F.R. 2429.23(d). Any document filed with the Authority,
including a petition for review of negotiability issues, must be
filed in the Authority's Docket Room in Washington, D.C. 5 C.F.R.
2429.24(a). See The Association of Civilian Technicians and the
Division of Military and Naval Affairs, the State of New York, 32
FLRA  96 (1988).

     The Agency provided a written allegation of nonnegotiability
dated July 30,  1990, to the Union. Presuming that the allegation
was deposited in the U.S. mail on that date, a petition for
review of negotiability issues had to be either postmarked
by the U.S. Postal Service or received in person at the
Authority's Docket Room no later than August 20, 1990, in order
to be considered timely filed. 5 C.F.R. 2424.3, 2429.21(b) and
2429.22. The Union's petition for review was postmarked August
24, 1990.

     The Union, in its petition for review, acknowledges that its
petition was untimely filed and explains that "We were delayed
due to improper information received from Civilian Personnel,".
The Union requests that its petition for review be accepted as
timely filed since "Labor Relations does not object to the late
filing".

     Notwithstanding the Union's assertion that "Labor Relations
does not object", the time limit for filing a petition for review
may not be extended or waived by the Authority. 5 C.F.R.
2429.23(d). The Union offers no other reason for its failure to
timely file its petition for review in the Authority's Docket
Room. In these circumstances, there is no basis on which the
Authority may find the petition for review to be timely filed.

     Accordingly, the Union's petition for review is dismissed.

For the Authority.

Alicia N. Columna
Director, Case Control