[ v15 p775 ]
15:0775(144)NG
The decision of the Authority follows:
15 FLRA No. 144 NATIONAL TREASURY EMPLOYEES UNION Union and DEPARTMENT OF THE TREASURY, CUSTOMS SERVICE Agency Case No. O-NG-1024 ORDER DISMISSING PETITION FOR REVIEW This matter comes before the Authority pursuant to section 7105(a)(2)(e) of the Federal Service Labor-Management Relations Statute and part 2424 of the Authority's Rules and Regulations on a petition for review of a negotiability issue filed by the Union. For the reasons stated below, it has been determined that the Union's petition for review must be dismissed as untimely filed. Under section 2424.3 of the Authority's Rules and Regulations, the time limit for filing a petition for review is fifteen days after the date the Agency's allegation that the duty to bargain in good faith does not extend to the matter proposed to be bargained is served on the Union. Section 2429.22 of the Authority's Regulations, however, provides for an additional five days to be added to the prescribed period when the document which triggers the running of such period is served on the other party by mail. The Agency's allegation in this case was apparently served on the Union by mail by letter dated June 13, 1984. Therefore, under the above-cited provisions, the Union's petition for review was due in the national office of the Authority before the close of business on July 3, 1984. However, the Union's petition for review was not filed until July 5, 1984. Accordingly, as the Union's petition for review was untimely filed, and apart from other considerations, the Union's petition for review is hereby dismissed. For the Authority. Issued, Washington, D.C., August 29, 1984 Jan K. Bohren Executive Director/Administrator