U.S. Army Corps of Engineers, Memphis District and National Federation of Federal Employees, Local 259 (Authority decision, September 13, 1991)

Final FLRA representation decision. The Authority dismisses the petitioner's application for review as untimely, leaving the regional director's decision in place. This is a representation case; 5 U.S.C. § 7123(a)(2) excludes Authority orders involving appropriate unit determinations from the ordinary 60-day judicial review provision.

Plain-English summary

The National Federation of Federal Employees, Local 259, sought Authority review of a regional director's decision involving the Army Corps of Engineers' Memphis District. The regional director issued the decision on July 3, 1991. Because the 60th day fell on a Sunday and the next day was Labor Day, the filing deadline was September 3. The application arrived September 9. The Authority dismissed it as late, despite the regional director having mistakenly identified September 9 as the deadline, because its regulations did not allow the time limit to be waived or extended. The order does not describe the merits of the unit dispute.

Decision snapshot

• Authority: Sixty day application deadline under 5 C.F.R. § 2422.17(a), with weekend and holiday computation under § 2429.21(a).
• Outcome: Application for review dismissed as untimely; regional director's decision remains in place.
• Key point: An incorrect deadline stated by the regional director did not extend the regulatory filing period.

Full text (FLRA public release)

[ v42 p164 ]
42:0164(10)CU

The decision of the Authority follows:

42 FLRA No. 10

FEDERAL LABOR RELATIONS AUTHORITY
WASHINGTON, D.C.

U.S. ARMY CORPS OF ENGINEERS
MEMPHIS DISTRICT
MEMPHIS, TENNESSEE
(Activity)

and

NATIONAL FEDERATION OF FEDERAL EMPLOYEES
LOCAL 259
(Labor Organization/Petitioner)

4-CU-10001

ORDER DISMISSING APPLICATION FOR REVIEW

September 13, 1991

The Petitioner has filed an application for review of the Regional Director's Decision and Order in the above- captioned case. For reasons set forth below, the Petitioner'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 her Decision and Order on July 3, 1991. The 60-day period for filing an application for review began on July 3, 1991 and expired on Sunday, September 1, 1991. Because the last day of the 60- day period was a weekend day, and the next day, Monday, September 2, 1991, was a Federal legal holiday (Labor Day), the last day for filing a timely application for review of the Regional Director's July 3 Decision and Order was Tuesday, September 3,1991.*/ 5 C.F.R. § 2429.21(a). The application for review was filed by the Petitioner in the Authority's Docket Room on September 9, 1991.

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

For the Authority.

Alicia N. Columna
Director, Case Control Office

_____________

*/ Although the Regional Director erroneously established September 9, 1991, as the filing date for the application for review, the Regional Director's error does not provide a bases for finding the application for review to be timely filed. See U.S. Department of Housing and Urban Development, Washington, D.C. and American Federation of Government Employees, Local 476, 34 FLRA 307 (1990). As noted previously, the time limit for filing an application for review and may not be extended or waived. 5 C.F.R. §§ 2422.17(a) and 2429.23(d).