In order to be timely, a negotiability appeal (petition for review) must be filed (postmarked or delivered in person to the Federal Labor Relations Authority in Washington, D.C.):

• Within 15 days after service on the Union of an Agency's written allegation of non-negotiability (including a written disapproval of a negotiated agreement). . . . (5 C.F.R. 2424.3)

  (Example: If the allegation is served on the Union by personal delivery on July 2nd, a petition for review must be filed by July 17th. If July 17th is a weekend or a Federal holiday, the filing date will be extended to the following workday. Further, if service of the allegation is by mail, 5 days are added to the due date.)

• NOTE: A negotiability appeal may be filed in certain circumstances without an Agency's written allegation of nonnegotiability not less than 10 days after the Union has submitted a written request for an allegation to which the Agency has failed to respond. . . . 5 C.F.R. 2424.3.

Except for appeals over whether a compelling need exists for an Agency regulation, the time limit for filing a negotiability appeal may not be extended or waived by the Authority. 5 C.F.R. 2429.23(d).

The following checklist may be used in preparing your Petition for Review. Your petition must contain at a minimum the following listed items:

• Text of proposal(s) . . .(5 C.F.R. 2424.4(a)(1))
• Statement of meaning of proposal(s) . . .(5 C.F.R. 2424.4(a)(2))
• Explanation of uncommon language . . .(5 C.F.R. 2424.4(a)(2)(i))
• Description of unusual circumstances . . .(5 C.F.R. 2424.4(a)(2)(ii))
• Copy of written allegation of nonnegotiability . . .(5 C.F.R. 2424.4(a)(3))
• Copy of Union's written request for a written allegation . . .(5 C.F.R. 2424.4(a)(3))
• Other pertinent documents . . .(5 C.F.R. 2424.4(a)(3))
• Yes or no statement if ULP charge has been filed on the same issue . . .(5 C.F.R. 2424.4(a)(4))
• If ULP charge has been filed, then furnish docket # of the charge, and a statement selecting either ULP or negotiability appeal to be processed first . . .(5 C.F.R. 2424.5)

A complete copy (including all attachments) of a petition for review must:

• Be served (by certified mail or personal delivery) on: (1) Principle Agency Bargaining Representative at the negotiations; and (2) the Head of the Agency (or designee) . . .(5 C.F.R. 2424.4(b) & 2429.27(b))
• Contain a signed and dated statement of service with names and addresses of parties served, date of service, nature of document served, and whether by certified mail or personal delivery. (See following example) . . .(5 C.F.R. 2429.27(c))
• Contain an original and 4 complete and legible copies of all documents . . .(5 C.F.R. 2429.25)
• Be addressed to:

  Case Control Office,
  Federal Labor Relations Authority
  607 14th Street, NW.
  Washington, D.C. 20424-0001

·

Example of Statement / Certificate of Service to be used by Union in filing a petition for review of negotiability issues.

·

·

I certify that a complete copy of the petition for review, including all attachments, in the case of the UNION and AGENCY were filed with the Case Control Office, Federal Labor Relations Authority, Washington, D.C., and were sent this day to:

·

·

*/ For example, for components of the U.S. Department of Defense, the Head of the Agency (or "Agency Head") is the Secretary of Defense, or his or her designee.