U.S. Department of Veterans Affairs, Medical Center, Jackson, Mississippi and NFFE Local 589 (Authority decision, April 30, 1993)

Final FLRA decision. The Authority dismisses an untimely request to reconsider its earlier arbitration decision. Under 5 U.S.C. § 7123(a)(1), an order involving an arbitral award is generally excluded from judicial review unless it involves an unfair labor practice under 5 U.S.C. § 7116. This decision does not decide an unfair labor practice claim.

Plain-English summary

The VA Medical Center in Jackson asked the Authority to reconsider an earlier arbitration decision served by mail on February 26, 1993. The applicable filing rules made March 15 the last day for a timely request. The agency's request was dated April 12 and reached the Authority on April 19. Because the agency did not establish or allege extraordinary circumstances to waive the deadline, the Authority dismissed the request without revisiting the earlier decision.

Decision snapshot

• Authority: Reconsideration and filing rules at 5 C.F.R. §§ 2429.17, 2429.21(a), 2429.22, and 2429.23(b).
• Outcome: Reconsideration request dismissed as untimely.
• Key point: Mail and weekend extensions placed the filing deadline on March 15, well before the agency's April request.

Full text (FLRA public release)

[ v47 p533 ]
47:0533(47)AR

The decision of the Authority follows:

47 FLRA No. 47

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF VETERANS AFFAIRS

MEDICAL CENTER

JACKSON, MISSISSIPPI

(Agency)

and

NATIONAL FEDERATION OF FEDERAL EMPLOYEES

LOCAL 589

(Union)

0-AR-2337

(46 FLRA No. 150)

ORDER DISMISSING REQUEST FOR
RECONSIDERATION

April 30, 1993

The Agency has filed a request for reconsideration of the Authority's Decision issued February 26, 1993, in the above-captioned case. The Agency'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. . . .

Because the Authority's Decision in the above-captioned case was served on the parties by mail on February 26, 1993, any timely filed request for reconsideration had to be either postmarked by the U.S. Postal Service, or received in person at the Authority no later than March 15, 1993.(*) 5 C.F.R. §§ 2429.17, 2429.21(a) and 2429.22. The Agency's request for reconsideration, dated April 12, 1993, was received by the Authority on April 19, 1993, and is untimely.

The Agency 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 Agency'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.)

*/
Under section 2429.17 of the
Authority's Regulations, and excluding other calculations, any request for reconsideration of the Authority's February 26 Decision had to be filed with the Authority by March 8, 1993. However, because the Decision was served on the parties by mail, section 2429.22 authorizes the addition of 5 days to the filing due date. Therefore, as extended by the operation of section 2429.22, the due date was March 13, 1993. However, section 2429.21(a) provides that if a due date falls on a Saturday, Sunday, or Federal legal holiday, the time limit "shall run until the end" of the next work day. As March 13, 1993, was a Saturday, the time limit for filing a request for reconsideration was extended to the close of business on Monday, March 15, 1993.