AFGE Local 3488 and Federal Deposit Insurance Corporation, New York Regional Office (Authority decision, March 14, 1980)

Final FLRA decision. The Authority dismissed the negotiability petition as untimely and denied a waiver request without deciding the proposal's merits. Judicial review of final Authority orders is governed by 5 U.S.C. § 7123(a).

Plain-English summary

AFGE Local 3488 petitioned for review of an FDIC New York office nonnegotiability allegation. The Authority calculated that the petition was due October 26, 1979, but it arrived on October 29. The union explained that it had mailed the petition instead of delivering it by hand and sought a waiver. The Authority found that mistake was not an extraordinary circumstance, denied the waiver, and dismissed the petition without deciding negotiability.

Decision snapshot

• Authority: 5 U.S.C. § 7117(c)(2)(A); 5 C.F.R. §§ 2424.3, 2429.23(b).
• Outcome: Waiver denied and petition dismissed as untimely.
• Key point: Mailing a petition that was meant for hand delivery did not justify extending the expired deadline.

Full text (FLRA public release)

[ v02 p912 ]

02:0912(114)NG

The decision of the Authority follows:

2 FLRA No. 114

MR. DONALD M. HAINES
LABOR RELATIONS SPECIALIST
CONTRACT AND APPEALS DIVISION
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
1325 MASSACHUSETTS AVENUE, N.W.
WASHINGTON, D.C. 20005

RE: AFGE, AFL-CIO, LOCAL 3488
AND FEDERAL DEPOSIT INS.
CORP., NEW YORK REG. OFFICE
Case No. 0-NG-192

DEAR MR. HAINES:

THIS REFERS TO YOUR OCTOBER 25, 1979 PETITION FOR REVIEW OF THE
ACTIVITY'S ALLEGATION OF NONNEGOTIABILITY IN THE ABOVE-CAPTIONED CASE;
AND TO YOUR DECEMBER 7, 1979 REQUEST FOR WAIVER OF AN EXPIRED TIME
LIMIT.

IN YOUR PETITION OF OCTOBER 25, 1979, YOU STATE THAT THE SUBJECT
ALLEGATION DATED OCTOBER 5, 1979, WAS SERVED UPON YOUR UNION ON OCTOBER
11, 1979. THEREFORE, UNDER SECTION 7117(C)(2)(A) OF THE FEDERAL SERVICE
LABOR-MANAGEMENT RELATIONS STATUTE AND SECTION 2424.3 OF THE AUTHORITY'S
RULES OF PROCEDURE, ANY PETITION FOR REVIEW OF THAT ALLEGATION WAS DUE
IN THE OFFICE OF THE AUTHORITY NO LATER THAN THE CLOSE OF BUSINESS ON
OCTOBER 26, 1979. YOUR PETITION WAS FILED ON OCTOBER 29, 1979.

AS TO YOUR DECEMBER 7, 1979 WAIVER REQUEST, SECTION 2429.23(B) OF THE
AUTHORITY'S RULES PROVIDES THAT AN EXPIRED TIME LIMIT IN A CASE SUCH AS
THE INSTANT ONE MAY WAIVED IN "EXTRAORDINARY CIRCUMSTANCES." THE REASON
YOU CITE IN YOUR REQUEST IS THAT YOUR PETITION WAS INADVERTENTLY SENT BY
MAIL INSTEAD OF BEING HAND DELIVERED ON OCTOBER 25, 1979, AND AS A
RESULT, THE AUTHORITY DID NOT RECEIVE THE PETITION UNTIL OCTOBER 29,
1979. IN OUR OPINION, SUCH REASON DOES NOT CONSTITUTE AN "EXTRAORDINARY
CIRCUMSTANCE" WITHIN THE MEANING OF SECTION 2429.23(B) OF THE RULES.

ACCORDINGLY, YOUR REQUEST FOR A WAIVER MUST BE DENIED.

MOREOVER, AS TO YOUR PETITION FOR REVIEW, SINCE THE PETITION WAS
UNTIMELY FILED, AND APART FROM OTHER CONSIDERATIONS, IT IS HEREBY
DISMISSED.

FOR THE AUTHORITY.

SINCERELY,

SAMUEL A. CHAITOVITZ

EXECUTIVE DIRECTOR

CC: J. S. ARNOLD

FDIC