26:0887(103)NG AFGE, COUNCIL 157 VS TREASURY, U.S. MINT -- 1987 FLRAdec NG



[ v26 p887 ]
26:0887(103)NG
The decision of the Authority follows:


26 FLRA NO. 103

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, COUNCIL 157

                  Union
         and

DEPARTMENT OF THE TREASURY
U.S. MINT

                  Agency

Case No. O-NG-1319
 (23 FLRA No. 66)

ORDER DENYING REQUEST FOR RECONSIDERATION

This case is before us on a request filed by the Union seeking reconsideration of the Authority's Order of September 26, 1986, dismissing the Union's petition for review as untimely filed. The Agency filed an opposition to the Union's request.

Section 2429.17 of the Rules and Regulations provides that a party that can establish "extraordinary circumstances" may petition for reconsideration of a final decision or order of the Authority. For the reasons set forth below, we find that the Union has failed to establish extraordinary circumstances for reconsideration of the Order of September 26, 1986.

As set forth in the Order dismissing the Union's petition, the Agency's allegation of nonnegotiability was dated August 14, 1986, and apparently was served on the Union by mail on the same date. In its petition for review, the Union offered no evidence to rebut the presumption that the date of the allegation and the date of service were the same. Therefore, under sections 2424.3, 2429.21, 2