Panama Canal Commission and Maritime Metal Trades Council (Authority decision, January 17, 1995)

Final FLRA decision. This order dismisses a motion to reconsider an Authority decision involving an arbitral award and ends the reconsideration proceeding. 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 order addresses the filing deadline and does not decide an unfair labor practice.

Plain-English summary

The Maritime Metal Trades Council asked the Authority to reconsider an earlier decision in its dispute with the Panama Canal Commission. The Authority said the reconsideration deadline was July 6, 1994, after accounting for service by mail. The union filed its motion on December 16, 1994. It also gave no extraordinary circumstances that would justify waiving the expired deadline. The Authority dismissed the motion as untimely.

Decision snapshot

• Authority: Reconsideration deadline under 5 C.F.R. §§ 2429.17 and 2429.22.
• Outcome: Union's reconsideration motion dismissed as untimely.
• Key point: The union filed more than five months after the deadline and showed no basis for a waiver.

Full text (FLRA public release)

[ v50 p103 ]
50:0103(19)AR

The decision of the Authority follows:

50 FLRA No. 19

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

PANAMA CANAL COMMISSION

(Agency)

and

MARITIME METAL TRADES COUNCIL

(Union)

0-AR-2562

(49 FLRA 1398 (1994))

ORDER DISMISSING MOTION FOR
RECONSIDERATION

January 17, 1995

The Union has filed a motion for reconsideration of the Authority's Decision in the above-captioned case. The Union's motion for reconsideration is untimely and must be dismissed.

In pertinent part, section 2429.17 of the Authority's regulations (5 C.F.R. º 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 motion 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. Because the Decision was served by mail, 5 days are added to the period for filing a motion for reconsider-ation. 5 C.F.R. º 2429.22.

The Authority's Decision was served (postmarked) on the parties on June 21, 1994. Therefore, any motion for reconsideration had to be either postmarked by the U.S. Postal Service, or received in person at the Authority no later than July 6, 1994, in order to be considered timely. 5 C.F.R. ºº 2429.17, 2429.21(b) and 2429.22. The Union's motion was filed (postmarked) on December 16, 1994.

The Union's motion was not filed within the prescribed time limit. Moreover, 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 motion for reconsideration. 5 C.F.R. º 2429.23(b). Accordingly, the Union's motion for reconsideration is dismissed.

For the Authority.

________
Alicia N. Columna
Director, Case
Control Office

FOOTNOTES:
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have footnotes.)