U.S. Department of the Air Force, Tinker Air Force Base, Oklahoma and American Federation of Government Employees, Local 916 (Authority decision, October 7, 1992)

Final FLRA decision. The Authority dismissed a request to reconsider its decision on an arbitral award. Judicial review under 5 U.S.C. § 7123(a) generally does not extend to an Authority order involving an arbitral award under 5 U.S.C. § 7122 unless the order involves an unfair labor practice under 5 U.S.C. § 7116.

Plain-English summary

The union asked the Authority to reconsider its September 8, 1992 decision in a Tinker Air Force Base arbitration case. The applicable rules gave the union ten days after service, plus five days for mailing, to file. The resulting deadline was September 23, but the union's request was postmarked September 24. Because the union neither alleged nor established extraordinary circumstances to waive the deadline, the Authority dismissed the request as untimely.

Decision snapshot

• Authority: Reconsideration and mailing deadlines under 5 C.F.R. §§ 2429.17 and 2429.22.
• Outcome: Union request for reconsideration dismissed as untimely.
• Key point: A request postmarked one day after the calculated deadline required extraordinary circumstances for a waiver.

Full text (FLRA public release)

[ v46 p86 ]
46:0086(7)AR

The decision of the Authority follows:

46 FLRA No. 7

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF THE AIR FORCE

TINKER AIR FORCE BASE, OKLAHOMA

(Agency)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

LOCAL 916

(Union)

0-AR-2263 REC

(45 FLRA No. 113)

ORDER DISMISSING REQUEST FOR
RECONSIDERATION

October 7, 1992

The Union has filed a request for reconsideration of the Authority's Decision issued September 8, 1992, in the above-captioned case. The Union's request for reconsideration is untimely and must be dismissed.

In pertinent part, section 2429.17 of the Authority's regulations (5 C.F.R. § 2429.17) provides:

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 ten (10) days after service of the Authority's decision or order. . . .

The time limit for filing a request for reconsideration of the Authority's Decision is 10 days after the date the Decision was served on the filing party. The date of service of the Decision is the date it was issued and deposited in the U.S. mail: September 8, 1992. Whenever a party is served by mail, 5 days are added to the prescribed period for filing. 5 C.F.R. § 2429.22. Therefore, any request for reconsideration, in order to be considered timely filed, had to be either postmarked by the U.S. Postal Service, or received in person at the Authority no later than September 23, 1992. 5 C.F.R.
§§ 2429.17, 2429.21(b) and 2429.22.

The Union's request for reconsideration was filed (postmarked) on September 24, 1992. As such, it is untimely.

The Union has failed to establish, or allege, the existence of any extraordinary circumstances which would warrant waiving the expired time limit for filing its request for reconsideration. 5 C.F.R. § 2429.23(b). Accordingly, the Union's request for reconsideration is dismissed.

For the Authority.

__________
Alicia N. Columna

Director, Case Control Office

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