38 FLRA NO. 93

            INTERNATIONAL ASSOCIATION OF MACHINISTS
                     AND AEROSPACE WORKERS
                            LODGE 67
                             (Union)

                               and

                   U.S. DEPARTMENT OF THE NAVY
                     NAVAL ORDNANCE STATION
                      INDIAN HEAD, MARYLAND
                            (Agency)

                            0-NG-1887

                         ORDER TO DISMISS

                         December 21, 1990

     The Union has filed a petition for review of negotiability
issues in the above-captioned case. On November 16, 1990, the
Authority issued an Order directing the Agency to Show Cause why
its exceptions should not be dismissed as untimely filed. The
Union filed a timely response to the Authority's Order. For the
reasons set out below, 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 must be
filed in the Authority's Docket Room in Washington, D.C. 5 C.F.R.
2429.24(a). See also The Association of Civilian Technicians and
the Division of Military and Naval Affairs, the State of New
York, 32 FLRA  96 (1988). 

     The Agency's written allegation of nonnegotiability was
dated October 1, 1990.  */  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 October 22, 1990, in order to be considered
timely. 5 C.F.R. 2424.3, 2429.21(b) and 2429.22.

     The Union mailed its petition for review to the Authority's
Washington, D.C. Regional Office. The Regional Office forwarded
the Union's petition to the Authority's Docket Room on October
23, 1990. The Union's petition was received in the Authority's
Docket Room on October 23, 1990. Accordingly, the Union's
petition for review was considered filed on the date it was
received in the Authority's Docket Room.

     In its response to the Order to Show Cause the Union states
that before filing its petition for review, it spoke to an
Authority agent in the Washington, D.C. Regional Office. The
Union argues that the Authority agent did not indicate that the
Union was required to send the petition for review to the
Authority's Docket Room at 500 C Street, SW., Washington, D.C. We
note however, that the Union does not assert that it requested
information from the agent as to where to file the petition or
that the agent gave erroneous advice.

     Parties filing actions with the Authority are responsible
for being knowledgeable of the statutory and regulatory filing
requirements. See U.S. Department of Housing and Urban
Development, Washington, D.C. and American Federation of
Government Employees, Local 476, 34 FLRA  309. Moreover, the time
limit for filing a petition for review of an agency allegation of
nonnegotiability may not be extended or waived by the Authority.
5 C.F.R. 2429.23(d). See U.S. Department of Housing and Urban
Development and American Federation of Government Employees, AFL
- CIO. Local 476, 27 FLRA  852, 854 (1987). 

     Accordingly, as the Union's petition for review was not
timely filed, it is dismissed.

For the Authority.

                              Alicia N. Columna
                              Director, Case Control Office



FOOTNOTES

     Footnote */ The Union argues that the Agency's October 1,
1990   allegation of nonnegotiability was effectively rescinded
when the Agency agreed to meet and negotiate with the Union on
October 22, 1990.   The Union has not established that the Agency
withdrew its October 1,   1990 allegation of nonnegotiability.