American Federation of Government Employees, Local 3884 and Veterans Administration Medical and Regional Office Center, Fargo, North Dakota (Authority decision, December 6, 1988)

Final FLRA decision. The Authority dismisses the union's motion to reconsider an earlier negotiability decision as untimely, leaving that decision in place. An aggrieved person may seek judicial review of a reviewable final order by filing a petition in an appropriate United States court of appeals within 60 days after issuance under 5 U.S.C. § 7123(a).

Plain-English summary

AFGE Local 3884 asked the Authority to reconsider an October 27, 1988, negotiability decision involving the Veterans Administration's Fargo center. The decision was mailed to the parties on October 27. Under the Authority's reconsideration rule and mailing allowance, a motion had to be filed by November 14. The union filed on November 22. The Authority dismissed the motion as late without reconsidering the earlier decision.

Decision snapshot

• Authority: Reconsideration deadline under 5 C.F.R. § 2429.17 and mail allowance under § 2429.22.
• Outcome: Union's reconsideration motion dismissed as untimely.
• Key point: The reconsideration period ran from service of the earlier order and expired before the union filed.

Full text (FLRA public release)

[ v33 p837 ]
33:0837(102)NG

The decision of the Authority follows:

33 FLRA No. 102

FEDERAL LABOR RELATIONS
AUTHORITY

WASHINGTON, D.C.

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

LOCAL 3884

AFL-CIO

and

VETERANS ADMINISTRATION
MEDICAL

AND REGIONAL OFFICE
CENTER

FARGO, ND

0-NG-1388

(33 FLRA 409)

ORDER

On November 22, 1988, the Union filed a motion for reconsideration of the Authority's October 27, 1988, Decision and Order on Negotiability Issues on Remand. For the reasons set forth below, the Union's motion for reconsideration must be dismissed as untimely.

The Authority issued its Decision and Order on October 27, 1988, and it was served on the parties by mail on that same date.

The time limit for filing a motion for reconsideration is 10 days after service of the Authority's final decision or order. 5 C.F.R. § 2429.17. The date of service is the day when the matter served is deposited in the U.S. mail or is delivered in person. 5 C.F.R. § 2429.27(d) (1988). The Authority's Decision and Order was served on the Union by mail on October 27, 1988. Whenever a party is served by mail, 5 days are added to the prescribed period for filing a motion for reconsideration. 5 C.F.R. § 2429.22. Therefore, in order to be timely filed, any motion for reconsideration of the Authority's October 27th Decision and Order had to be either postmarked or hand-delivered to the National Office of the Authority no later than close of business November 14,

1988. 5 C.F.R. § 2429.21(b), as amended.(*) The Union's motion for reconsideration was filed on November 22, 1988.

Accordingly, as the Union's motion for reconsideration is untimely, it is dismissed.

For the Authority.

Issued, Washington, D.C., December 6, 1988

_______
Clyde B. Blandford,
Jr.
Acting 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 motions for reconsideration pending or filed with the Authority on or after December 31, 1986.