Bureau of Indian Affairs and National Council of Bureau of Indian Affairs Educators (Authority decision, May 26, 1988)

FLRA interlocutory decision. The Authority dismisses the Department of the Interior's motion to reconsider an earlier order remanding the consolidated representation cases. It does not resolve the underlying representation matters, so this banner does not present a final judicial-review period under 5 U.S.C. § 7123(a).

Plain-English summary

The Department of the Interior asked the Authority to expand an earlier order that had returned consolidated Bureau of Indian Affairs educator cases to a Regional Director. The Authority treated the request as a motion for reconsideration. The earlier order was served on April 22, 1988, and the motion was hand-delivered on May 18, after the May 9 filing deadline. The Department identified no extraordinary reason to excuse the delay. The Authority dismissed the motion as untimely, leaving the underlying cases on remand.

Decision snapshot

• Authority: Reconsideration deadline under 5 C.F.R. § 2429.17.
• Outcome: Reconsideration motion dismissed as untimely; prior remand remains in place.
• Key point: The motion arrived after the extended filing deadline without a stated basis for waiver.

Full text (FLRA public release)

[ v32 p177 ]
32:0177(29)RP

The decision of the Authority follows:

32 FLRA NO. 29

Case Nos.
6-AC-70005
6-AC-70006
6-RA-70001

6-RA-70002
6-RA-80001

U.S. DEPARTMENT OF INTERIOR BUREAU OF INDIAN AFFAIRS, NAVAJO AREA GALLUP, NEW MEXICO Activity

and

NATIONAL COUNCIL OF BUREAU OF INDIAN AFFAIRS EDUCATORS

Petitioner

Case No. 6-AC-70006

U.S. DEPARTMENT OF INTERIOR BUREAU OF INDIAN AFFAIRS ALBUQUERQUE, NEW MEXICO Activity

and

NATIONAL COUNCIL OF BUREAU OF INDIAN AFFAIRS EDUCATORS Petitioner

Case No. 6-AC-70005

UNITED STATES DEPARTMENT OF INTERIOR, BUREAU OF INDIAN AFFAIRS ALBUQUERQUE, NEW MEXICO Activity

and

UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF INDIAN AFFAIRS WASHINGTON, D.C. Petitioner

and

[ v32 p 177 ]
NATIONAL COUNCIL OF BUREAU OF INDIAN AFFAIRS
EDUCATORS/AFT
Labor organization/Incumbent

Case No. 6-RA-70001

UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF INDIAN AFFAIRS NAVAJO AREA OFFICE GALLUP, NEW MEXICO Activity

and

UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF INDIAN AFFAIRS WASHINGTON, D.C. Petitioner

and

NATIONAL COUNCIL OF BUREAU OF INDIAN AFFAIRS EDUCATORS/AFT Labor Organization/Incumbent

Case Nos. 6-RA-70002
6-RA-80001

ORDER DISMISSING MOTION FOR RECONSIDERATION

This case is before the Authority on a motion filed by the Department of the Interior seeking an expansion of the scope of the Authority's Decision and Order Remanding Cases to the Regional Director. The motion, which in essence is a request for reconsideration of our Decision and order Remanding Cases, was untimely filed and must be dismissed.

The Authority's Decision and Order Remanding Cases was dated and served on the Department of the Interior by mail on April 22, 1988. The Department of Interior's motion for reconsideration, dated May 17, 1988, was filed (hand-delivered) with the Authority on May 18, 1988.

5 C.F.R. 2429.17 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 [ v32 p 179 ] 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 time limit for filing a motion for reconsideration of the Authority's Decision and order Remanding Cases was 10 days beginning on the date the Decision was served on the filing party. The date of service of the Decision was the date it was issued and deposited in the U.S. mail, April 22, 1988. Whenever a party is served by mail, 5 days are added to the prescribed period for filing. 5 C.F.R. 2429.22. Therefore, in order to be timely filed, any motion for reconsideration had to be either mailed to the national office of the Authority in Washington, D.C., and postmarked by the U.S. Postal Service no later than May 9, 1988, or if filed in person, received at the Authority's national office no later than the close of business that same date. 5 C.F.R. 2429.21(b). However, the Department of the Interior's request for reconsideration was hand-delivered on May 18, 1988.

The Department of the Interior 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. 5 C.F.R. 2429.23(b).

Accordingly, the Department of the Interior's motion for reconsideration is dismissed as untimely filed.

Issued, Washington, D.C., May 26, 1988.

Jacqueline R. Bradley Executive Director