Wyoming Nurses Association and VA Medical Center Sheridan (Authority decision, September 24, 1982)

Final FLRA decision. This is a final Authority order. An aggrieved person may seek judicial review by filing a petition in 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 Authority's order unless the court orders a stay under 5 U.S.C. § 7123(c).

Plain-English summary

The Wyoming Nurses Association sought reconsideration after the Authority dismissed its negotiability petition as untimely. The union cited part-time staffing, travel, inexperience, and misfiling with a regional office. The Authority held that those reasons did not establish extraordinary circumstances and denied reconsideration without reaching negotiability.

Decision snapshot

• Authority: 5 C.F.R. § 2429.17.
• Outcome: Reconsideration denied; untimely dismissal remains.
• Key point: Ordinary staffing and filing mistakes did not justify reconsideration.

Full text (FLRA public release)

[ v09 p670 ]

09:0670(76)NG

The decision of the Authority follows:

9 FLRA No. 76

WYOMING NURSES ASSOCIATION, INC.
(Union)

and

VETERANS ADMINISTRATION MEDICAL
CENTER, SHERIDAN, WYOMING
(Activity)

Case No. O-NG-698

ORDER DENYING MOTION FOR RECONSIDERATION

THIS CASE IS BEFORE THE AUTHORITY FOR RULING ON A MOTION FILED BY THE
UNION SEEKING RECONSIDERATION OF THE AUTHORITY'S ORDER OF JULY 28, 1982,
DISMISSING THE UNION'S PETITION FOR REVIEW AS UNTIMELY FILED (9 FLRA NO.
76(1982)). FOR THE REASON SET OUT BELOW, THE UNION'S MOTION MUST BE
DENIED.

AS SET FORTH IN THE SUBJECT ORDER OF THE AUTHORITY, THE AGENCY'S
ALLEGATION OF NONNEGOTIABILITY WAS SERVED ON THE UNION BY MAIL ON MAY
18, 1982. THEREFORE, PURSUANT TO SECTIONS 2424.3 AND 2429.22 OF THE
AUTHORITY'S RULES AND REGULATIONS THE UNION'S PETITION FOR REVIEW HAD TO
BE FILED IN THE AUTHORITY'S NATIONAL OFFICE NO LATER THAN JUNE 7, 1982.
HOWEVER, THE UNION'S PETITION, WHICH WAS ORIGINALLY MISFILED IN THE
AUTHORITY'S DENVER REGIONAL OFFICE ON JUNE 9, 1982, WAS NOT FILED IN THE
NATIONAL OFFICE UNTIL JUNE 21, 1982, AND WAS THEREFORE DISMISSED AS
UNTIMELY.

IN THE INSTANT MOTION, THE UNION RECOGNIZES THAT ITS APPEAL WAS
UNTIMELY FILED UNDER THE STATUTE AND THE AUTHORITY'S RULES AND
REGULATIONS, BUT REQUESTS RECONSIDERATION OF THE DISMISSAL ACTION ON THE
GROUNDS THAT (1) THE UNION OFFICE OPERATES ON PART-TIME BASIS AND IS
STAFFED BY ONLY TWO PART-TIME EMPLOYEES; (2) THE UNION'S REPRESENTATIVE
IN THIS CASE WAS OUT OF TOWN ON UNION BUSINESS WHEN THE AGENCY'S
ALLEGATION WAS RECEIVED IN THE OFFICE; (3) THE APPEAL WAS INADVERTENTLY
MISDIRECTED TO THE WRONG AUTHORITY OFFICE AND THE MISTAKE WAS CORRECTED
AS SOON AS IT WAS DISCOVERED; AND (4) THE UNION'S REPRESENTATIVES HAD
NOT PREVIOUSLY ENCOUNTERED ANY SIMILAR NEGOTIABILITY DISPUTE AND WERE
UNFAMILIAR WITH THE APPEAL PROCESS AND THE RELEVANT PROVISIONS IN THE
AUTHORITY'S RULES AND REGULATIONS.

SECTION 2429.17 OF THE AUTHORITY'S RULES AND REGULATIONS PROVIDES, IN
PERTINENT PART:

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 GROUNDS ADVERTED TO IN THE UNION'S MOTION DO NOT WARRANT
RECONSIDERATION OF THE AUTHORITY'S ORDER OF JULY 28, 1982. THAT IS,
OFFICE STAFFING PROBLEMS, THE PRESSURE OF OTHER WORK COMMITMENTS,
INADVERTENT MISFILING, AND LACK OF AWARENESS OF THE TIME LIMITS FOR
FILING AN APPEAL OR FAMILIARITY WITH THE AUTHORITY'S RULES AND
REGULATIONS DO NOT, SEPARATELY OR COLLECTIVELY IN THE CONTEXT OF THE
FACTS OF THIS CASE, CONSTITUTE "EXTRAORDINARY CIRCUMSTANCES" WITHIN THE
MEANING OF SECTION 2429.17 OF THE AUTHORITY'S RULES AND REGULATIONS.

ACCORDINGLY, SINCE THE UNION HAS FAILED TO ESTABLISH THE PRESENCE OF
EXTRAORDINARY CIRCUMSTANCES WARRANTING RECONSIDERATION OF THE ORDER OF
JULY 28, 1982, UNION'S MOTION IS HEREBY DENIED.

ISSUED, WASHINGTON, D.C., SEPTEMBER 24, 1982

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

LEON B. APPLEWHAITE, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY