Department of Transportation and AFGE Local 2747 (Authority decision, June 16, 1987)

Final FLRA decision. The Authority denies the Department of Transportation's late request to revise a notice posting remedy in its earlier remand order. An aggrieved person may seek judicial review of a final Authority order by petitioning an appropriate United States court of appeals within 60 days after issuance under 5 U.S.C. § 7123(a). Filing a petition does not stay the order unless the court orders a stay under § 7123(c).

Plain-English summary

After the Authority's March 17, 1987 remand order, the Department of Transportation asked it to remove or change a notice posting requirement. The Authority treated the request as a motion for reconsideration. Under its filing rules, the motion was due April 1, but DOT filed it April 17. DOT neither alleged nor established extraordinary circumstances that would justify waiving the deadline. The Authority denied the request, leaving the earlier posting remedy in place.

Decision snapshot

• Authority: Reconsideration under 5 C.F.R. § 2429.17.
• Outcome: Late reconsideration motion denied; posting remedy remains.
• Key point: The request missed the ten-day reconsideration deadline and supplied no extraordinary reason for waiver.

Full text (FLRA public release)

[ v27 p450 ]

27:0450(63)CA

The decision of the Authority follows:

27 FLRA No. 63

DEPARTMENT OF TRANSPORTATION
Respondent

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2747, AFL-CIO
Charging Party

Case No. 2-CA-20217
(26 FLRA No. 32)

ORDER DENYING REQUEST FOR RECONSIDERATION

This case is before the Authority on a request filed by the Respondent on April 17, 1987, seeking modification of the portion of the Authority's Decision and Order on Remand of March 17, 1987, which required posting a notice. For the reason set forth below, the request, which in essence is a request for reconsideration of our Decision and Order on Remand, must be denied.

Section 2429.17 of the Authority's Rules and Regulations provides in pertinent part:

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 Authority's Decision and Order on Remand was dated and served on the Respondent by mail on March 17, 1987. Therefore, under section 2429.17 of the Authority's Rules and Regulations, and sections 2429.21 and 2429.22, which are also applicable to the computation of the time limit here involved, the Respondent's motion for reconsideration was to be filed with the Authority by April 1, 1987. Since, as indicated above, the Respondent's motion for reconsideration was not filed until April 17, 1987, it is clearly untimely and must be denied.

The Respondent has failed to establish or even allege the existence of any extraordinary circumstances which would warrant waiving the expired time limit for filing its motion for reconsideration. /*/

The Respondent's motion for reconsideration is denied.

Issued, Washington, D.C., June 16, 1987.

/s/ Jerry L. Calhoun, Chairman
/s/ Henry B. Frazier III, Member
/s/ Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY

--------------- FOOTNOTES$ ---------------

(*) Section 2429.23(b) of the Rules and Regulations provides, in pertinent part:

(T)he Authority . . . may waive any expired time limit in this subchapter in extraordinary circumstances.