Oklahoma City Air Logistics Center, Tinker Air Force Base and American Federation of Government Employees, Local 916 (Authority decision, July 15, 1988)

Final FLRA decision. The Authority dismisses an untimely reconsideration request concerning an arbitration decision. Under 5 U.S.C. § 7123(a)(1), orders involving arbitral awards are generally excluded from judicial review unless they involve an unfair labor practice under 5 U.S.C. § 7116. This decision does not state that it involves one.

Plain-English summary

AFGE Local 916 asked the Authority to reconsider a May 25, 1988 decision involving Tinker Air Force Base. The applicable rule allowed ten days after service to move for reconsideration, plus five days because service was by mail. The Authority calculated a June 13 filing deadline. The union filed on June 21, so the Authority dismissed the request without reaching its merits.

Decision snapshot

• Authority: 5 C.F.R. § 2429.17 and § 2429.22.
• Outcome: Union's reconsideration request dismissed as untimely.
• Key point: Mailing time extended the filing period, but the request still arrived after the June 13 deadline.

Full text (FLRA public release)

[ v32 p663 ]
32:0663(95)AR

The decision of the Authority follows:

32 FLRA No. 95

UNITED STATES OF AMERICA

BEFORE THE

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

OKLAHOMA CITY AIR LOGISTICS CENTER

TINKER AIR FORCE BASE, OKLAHOMA

Agency

and

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, AFL-CIO, LOCAL 916

Union

Case No. 0-AR-1498

(32 FLRA No. 25)

ORDER

This case is before the Authority on a request filed by the Union on June 21, 1988, requesting reconsideration of the Authority's Decision of May 25, 1988. The Union's request for reconsideration is untimely and 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 extra-ordinary 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 May 25, 1988. Whenever a party is served by mail, 5 days are added to the prescribed period for filing a request for reconsideration. 5 C.F.R. § 2429.22 (1987). Therefore, in order to be timely filed, the Union's request for reconsideration had to be either mailed to the national office of the Authority in Washington, D.C., and postmarked by the U.S. Postal Service no later than June 13, 1988, or if filed in person, received at the Authority's national office no later than the close of business that same date. 5 C.F.R. § 2429.21(b), as amended.(*) However, as previously stated, the Union's request for reconsideration was filed on June 21, 1988.

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

For the Authority.

Issued, Washington, D.C.,

__________
Jacqueline R. Bradley

Executive Director

FOOTNOTES:
(If blank, the decision does not
have footnotes.)

*/ 51 Fed. Reg. 45751 (1986). The Amendments to section 2429.21 of 5 C.F.R. are applicable to requests for reconsideration pending or filed with the Authority on or after December 31, 1986.