32:0663(95)AR - - Oklahoma City Air Logistics Center, Tinker AFB, OK and AFGE Local 916 - - 1988 FLRAdec AR - - v32 p663
[ v32 p663 ]
The decision of the Authority follows:
32 FLRA No. 95
UNITED STATES OF AMERICA
FEDERAL LABOR RELATIONS AUTHORITY
OKLAHOMA CITY AIR LOGISTICS CENTER
TINKER AIR FORCE BASE, OKLAHOMA
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 916
Case No. 0-AR-1498
(32 FLRA No. 25)
This case is before the Authority on a request filed by the Union on June 21, 1988, requesting reconsideration of the Authority's Decision of May 25, 1988. The Union's request for reconsideration is untimely and must be dismissed.
Section 2429.17 of the Authority's Rules and Regulations, effective September 10, 1981, 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 extra-ordinary 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 Authority's Decision was dated and served on the Union by mail on May 25, 1988. Whenever a party is served by mail, 5 days are added to the prescribed period for filing a request for reconsideration. 5 C.F.R. § 2429.22 (1987). Therefore, in order to be timely filed, the Union's request for reconsideration had to be either mailed to the national office of the Authority in Washington, D.C., and postmarked by the U.S. Postal Service no later than June 13, 1988, or if filed in person, received at the Authority's national office no later than the close of business that same date. 5 C.F.R. § 2429.21(b), as amended.(*) However, as previously stated, the Union's request for reconsideration was filed on June 21, 1988.
Accordingly, the Union's request for reconsideration is dismissed.
For the Authority.
Issued, Washington, D.C.,
Jacqueline R. Bradley
(If blank, the decision does not have footnotes.)
*/ 51 Fed. Reg. 45751 (1986). The Amendments to section 2429.21 of 5 C.F.R. are applicable to requests for reconsideration pending or filed with the Authority on or after December 31, 1986.