09:0670(76)NG - Wyoming Nurses Association, Inc. and VA Medical Center, Sheridan, WY -- 1982 FLRAdec NG



[ 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 R