33:0837(102)NG - - AFGE Local 3884 and VA Medical and Regional Office Center, Fargo, ND - - 1988 FLRAdec NG - - v33 p837
[ v33 p837 ]
The decision of the Authority follows:
33 FLRA No. 102
FEDERAL LABOR RELATIONS AUTHORITY
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
VETERANS ADMINISTRATION MEDICAL
AND REGIONAL OFFICE CENTER
(33 FLRA 409)
On November 22, 1988, the Union filed a motion for reconsideration of the Authority's October 27, 1988, Decision and Order on Negotiability Issues on Remand. For the reasons set forth below, the Union's motion for reconsideration must be dismissed as untimely.
The Authority issued its Decision and Order on October 27, 1988, and it was served on the parties by mail on that same date.
The time limit for filing a motion for reconsideration is 10 days after service of the Authority's final decision or order. 5 C.F.R. § 2429.17. The date of service is the day when the matter served is deposited in the U.S. mail or is delivered in person. 5 C.F.R. § 2429.27(d) (1988). The Authority's Decision and Order was served on the Union by mail on October 27, 1988. Whenever a party is served by mail, 5 days are added to the prescribed period for filing a motion for reconsideration. 5 C.F.R. § 2429.22. Therefore, in order to be timely filed, any motion for reconsideration of the Authority's October 27th Decision and Order had to be either postmarked or hand-delivered to the National Office of the Authority no later than close of business November 14,
1988. 5 C.F.R. § 2429.21(b), as amended.(*) The Union's motion for reconsideration was filed on November 22, 1988.
Accordingly, as the Union's motion for reconsideration is untimely, it is dismissed.
For the Authority.
Issued, Washington, D.C., December 6, 1988
Clyde B. Blandford, Jr.
Acting Executive Director
(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 motions for reconsideration pending or filed with the Authority on or after December 31, 1986.