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, 2429.22 and 2429.27(d) of the Authority's then applicable Rules and Regulations, the Union's petition for review had to be received in the national office of the Authority no later than the close of business on September 3, 1986. However, the Union's petition was not received until September 4 and therefore was dismissed as untimely. The Order dismissing the petition also noted that under section 2429.23(d) of the Rules and Regulations, the time limit established in section 7117(c)(2) of the Federal Service Labor - Management Relations Statute for filing a petition for review of negotiability issues may not be extended or waived by the Authority.

In its request for reconsideration, the Union does not submit anything to rebut the presumption that the date of the Agency's allegation and the date of service of the allegation on the Union by mail were the same. The Union asserts only that the Agency's allegation could not have been served (placed in the U.S. mail) on August 14, 1986. In the Union's view, "it is inconceivable that a certified letter deposited in the U.S. Mail on a given date, would not be delivered to an address merely three blocks away until some six days later." Moreover, the Union acknowledges receiving the Agency's allegation on August 20, 1986, and does not contend that any extraordinary