Veterans Administration Medical Center Leavenworth and AFGE Local 85 (Authority decision, May 29, 1987)

Final FLRA decision. The Authority dismisses the union's request to reconsider an earlier arbitration decision because the request was filed after the applicable deadline. Under 5 U.S.C. § 7123(a)(1), Authority orders involving arbitral awards generally are excluded from judicial review unless they involve an unfair labor practice under 5 U.S.C. § 7116. This order does not state that it involves one.

Plain-English summary

AFGE Local 85 asked the Authority to reconsider its March 25, 1987 decision in an arbitration case with the Leavenworth Veterans Administration Medical Center. The Authority calculated the reconsideration deadline under its then-applicable rules as April 13. The union filed on April 22. The Authority dismissed the request as untimely without revisiting the earlier decision's merits.

Decision snapshot

• Authority: Reconsideration filing period under 5 C.F.R. § 2429.17, with time computed under §§ 2429.21 and 2429.22.
• Outcome: Union's reconsideration request dismissed as untimely.
• Key point: The Authority enforced the filing deadline for reconsideration of its earlier arbitration decision.

Full text (FLRA public release)

[ v27 p277 ]

27:0277(39)AR

The decision of the Authority follows:

27 FLRA No. 39

VETERANS ADMINISTRATION MEDICAL
CENTER, LEAVENWORTH, KANSAS
Agency

and

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, LOCAL 85
Union

Case No. 0-AR-1283
(26 FLRA No. 46)

ORDER DISMISSING REQUEST FOR CONSIDERATION

This case is before the Authority on a request filed by the Union on April 22, 1987, in effect requesting reconsideration of the Authority's Decision of March 25, 1987. For the reason set forth below, the request must be dismissed.

Section 2429.17 of the Authority's Rules and Regulations, effective September 10, 1981, provides in pertinent part:

2429.17 Reconsideration.

After a final decision or order of the Authority has been issued, a party to the proceeding before the Authority who can establish in its moving papers extraordinary circumstances for so doing, may move for reconsideration of such final decision or order. The motion shall be filed within 10 days after service of the Authority's decision or order . . . .

The Authority's Decision was dated and served on the Union by mail on March 25, 1987. Therefore, under section 2429.17 of the Authority's Rules and Regulations, and sections 2429.21 and 2429.22, which are also applicable to the computation of the time limit here involved, the Union's request for reconsideration was due in the national office of the Authority before the close of business on April 13, 1987. Since, as indicated above, the Union's request was not filed until April 22, 1987, it is clearly untimely and must be dismissed.

Accordingly, the Union's request for reconsideration is dismissed.

For the Authority.

Issued, Washington, D.C., May 29, 1987.
/s/ Harold D. Kessler
Director of Case Management