27:0450(63)CA - DOT and AFGE Local 2747 -- 1987 FLRAdec CA
[ v27 p450 ]
The decision of the Authority follows:
27 FLRA No. 63 DEPARTMENT OF TRANSPORTATION Respondent and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 2747, AFL-CIO Charging Party Case No. 2-CA-20217 (26 FLRA No. 32) ORDER DENYING REQUEST FOR RECONSIDERATION This case is before the Authority on a request filed by the Respondent on April 17, 1987, seeking modification of the portion of the Authority's Decision and Order on Remand of March 17, 1987, which required posting a notice. For the reason set forth below, the request, which in essence is a request for reconsideration of our Decision and Order on Remand, must be denied. Section 2429.17 of the Authority's Rules and Regulations 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 ten (10) days after service of the Authority's decision or order. The Authority's Decision and Order on Remand was dated and served on the Respondent by mail on March 17, 1987. Therefore, under section 2429.17 of the Authority's Rules and Regulations, and sections 2429.21 and 2429.22, which are also applicable to the computation of the time limit here involved, the Respondent's motion for reconsideration was to be filed with the Authority by April 1, 1987. Since, as indicated above, the Respondent's motion for reconsideration was not filed until April 17, 1987, it is clearly untimely and must be denied. The Respondent has failed to establish or even allege the existence of any extraordinary circumstances which would warrant waiving the expired time limit for filing its motion for reconsideration. /*/ The Respondent's motion for reconsideration is denied. Issued, Washington, D.C., June 16, 1987. /s/ Jerry L. Calhoun, Chairman /s/ Henry B. Frazier III, Member /s/ Jean McKee, Member FEDERAL LABOR RELATIONS AUTHORITY --------------- FOOTNOTES$ --------------- (*) Section 2429.23(b) of the Rules and Regulations provides, in pertinent part: (T)he Authority . . . may waive any expired time limit in this subchapter in extraordinary circumstances.