U.S. Department of Housing and Urban Development, Washington, D.C. and American Federation of Government Employees, Local 476 (Authority decision, October 24, 1989)

Final FLRA decision. The Authority dismisses the agency's application for review of a regional unit clarification order as untimely. The underlying unit order remains in place. An order involving an appropriate-unit determination is generally excluded from court of appeals review under 5 U.S.C. § 7123(a)(2), unless issued in connection with an unfair labor practice proceeding.

Plain-English summary

HUD sought review of a Regional Director's July 21 unit clarification order. The 60-day filing period ended September 19, but HUD's application reached the Authority's Docket Room on September 21. Because the deadline could not be extended or waived, the Authority dismissed the application without considering the unit question.

Decision snapshot

• Authority: Review deadline under former 5 C.F.R. § 2422.17(a) and nonwaiver rule under § 2429.23(d).
• Outcome: HUD's application for review dismissed as untimely.
• Key point: The application arrived two days after the mandatory 60-day deadline.

Full text (FLRA public release)

[ v34 p16 ]
34:0016(4)CU

The decision of the Authority follows:

34 FLRA NO. 4

______

U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, D.C. (Agency)

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES LOCAL 476 (Petitioner)

3-CU-90003

ORDER DISMISSING APPLICATION FOR REVIEW

October 24, 1989

The U.S. Department of Housing and Urban Development (Agency) has filed an application for review of the Regional Director's Decision and Order in the above-referenced case. For reasons set out below, the Agency's application for review is untimely and must be dismissed.

The Authority's Regulations provide that "(a) party may file an application for review of the Regional Director's Decision and Order with the Authority within sixty (60) days of the date of such action." 5 C.F.R. 2422.17(a). The 60-day time limit for filing an application for review "may not be extended or waived." Id. See also 5 C.F.R. 2429.23(d). An application for review must be filed with the Authority's Docket Room in Washington, D.C. 5 C.F.R. 2429.24(a).

The Regional Director issued his Decision and Order on July 21, 1989. The 60-day period for filing an application for review began on July 22, 1989 and expired on Tuesday, September 19, 1989. Since the due date did not fall on a weekend or holiday no further allowance was required under 5 C.F.R. 2429.21(a). The application for review was filed by the Agency in the Authority's Docket Room on September 21, 1989. [ v34 p16 ]

The Agency's application for review was untimely filed. Accordingly, the Agency's application for review is dismissed.

For the Authority.

Clyde B. Blandford, Jr.
Acting Executive Director [ v34 p17]