21:0588(75)AR 21:0588(75)AR - VA MEDICAL CENTER, ROSEBURG, OREGON and AFGE, LOCAL 1042 -- 1986 FLRAdec AR -- 1986 FLRAdec AR


[ v21 p588 ]
21:0588(75)AR
The decision of the Authority follows:


 
	 
 21 FLRA NO. 75
 21 FLRA 588

30 APR 1986

VETERANS ADMINISTRATION MEDICAL
CENTER, ROSEBURG, OREGON

     Activity

     and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1042

     Union

Case No. 0-AR-1133

ORDER DENYING REQUEST FOR RECONSIDERATION

     The case is before the Authority on a request for
reconsideration filed by the Union on May 13, 1986, seeking
reconsideration of the Authority's Order of April 30,  1986,
dismissing the Union's exceptions (21 FLRA  No. 75 (1986)). For
the reasons set forth below, the Union's request must be
denied.

     The Authority dismissed the Union's exceptions to the
arbitrator's award on the basis that the exceptions were
untimely. The Authority found that the arbitrator's award was
dated March 18, 1986, and pursuant to section 7122(b) of the
Statute, as amended, 1 and section 2425.1 of the Authority's
Rules and Regulations, as amended, 2 which amendments are
applicable to exceptions filed on or after March 2, 1984, and
under sections 2429.21 and 2429.22 of the Authority's Rules and
Regulations, which are also applicable [PAGE] to computation of
time limit here involved, the exceptions had to be filed in the
National Office of the Authority not later than the close of
business on April 21, 1986. However, the exceptions were not
filed with the Authority at its National Office until April 22,
1986. The Union had mailed the exceptions on April 14, 1986, to
the Authority's San Francisco Regional Office. The San Francisco
Regional Office received the exceptions on April 17, 1986, and
forwarded them on April 18, 1986. However, they were not received
by the Authority's National Office until April 22, 1986.
Therefore, the exceptions were untimely filed.

     In its request for reconsideration, the Union contends that
it spoke with two attorneys in the Authority's San Francisco
Regional Office concerning the procedures for filing exceptions
to an arbitration award and that during these conversations, the
attorneys failed to inform the Union that it must file its
exceptions with the National Office of the Authority. In
addition, the Union argues that it "is totally unfair to dismiss
this case on such a minor technicality."

     Section 2429.17 of the Authority's Rules and Regulations,
effective September 10, 1981, 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 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 10 days after service of
the Authority's decision or order....

     The Union's argument does not demonstrate the existence of
extraordinary circumstances within the meaning of section 2429.17
of the Authority's Rules and Regulations. Under sections 2429.21
and 2429.24 of the Rules and Regulations, when a document is
required to be filed with the Authority, the document must be
received in the National Office of the Authority before the close
of business on the last day of the prescribed time limit. See
Bremerton Metal Trades Council, United Association, Local 631 and
Puget Sound Naval Shipyard, 9 FLRA  1094 (1982); request for
reconsideration [PAGE 2] denied June 24, 1982. While the Union
did mail the exceptions on April 14, 1986, presumably in
sufficient time to be timely received if properly addressed,
exceptions to an arbitrator's award cannot be filed at a Regional
Office. Since the inception of the Authority in 1979, applicable
regulations have required that exceptions to arbitration awards
filed with the Authority be filed at the National Office. See The
Panama Canal Commission and Maritime Metal Trades Council, AFL -
CIO, 21 FLRA  No. 38, n.5 (1986); request for reconsideration
denied April 16, 1986.

     Accordingly, since the Union has failed to establish the
existence of extraordinary circumstances warranting
reconsideration of the Authority's decision, the Union's Request
is hereby denied.

For the Authority.

Issued, Washington, D.C., July 9,