37:0468(32)NG - INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 2159 and U.S. DEPARTMENT OF THE INTERIOR, BUREAU OF RECLAMATION SALT LAKE CITY, UTAH -- 1990 FLRAdec NG


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37:0468(32)NG
The decision of the Authority follows:


37 FLRA NO. 32

            INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
                               LOCAL 2159
                                 (Union)

                                  and

                    U.S. DEPARTMENT OF THE INTERIOR
                         BUREAU OF RECLAMATION
                          SALT LAKE CITY, UTAH
                                (Agency)

                               0-NG-1855

                    ORDER DISMISSING PETITION FOR REVIEW

                           September 21, 1990

     On August 22, 1990, the Authority issued an Order granting
the Union an opportunity to correct deficiencies  1/  in its
petition for review. The Authority's Order stated that the
Union's response must be filed with the Authority by September 4,
1990, and that failure to comply with the order may result in
dismissal of the Union's petition. 5 C.F.R. 2424.4 (c) (1).

     On September 6, 1990, the Union filed  2/  its response to the
Authority's Order and requested a 2-day extension of time.
The Union states that it was unable to file a timely response
"(d)ue to the Labor Day holiday and the recent change in computer
hardware and software in the office(s)."

     The Authority's Regulations provide that requests for
extensions of time must be in writing and received by the
Authority not later than 5 days before the established time limit
for filing. The request must state the position of the other
party and must be served on the other party. 5 C.F.R.
2429.23(a).

     The Union's request for an extension of time was not filed 5
days before the established time limit for filing and did not
state the position of the other parties. Therefore, the Union's
request for a 2-day extension of time is deficient and must be
denied.

     Notwithstanding the Union's statement that the delay in
filing was due to the "holiday and a recent change in computer
hardware", the Authority's records indicate that the Union
received the Authority's Order on August 27, 1990.  3/  The Union,
therefore, had 8 days to comply with the Authority's Order or
file a timely request for an extension of time. The Union offers
no other reason for its failure to timely file its response.

     The Authority's Order stated that the Union's response must
be filed by September 4, 1990, and that failure to comply with
the Order may result in dismissal of the Union's petition for
review.

     The Union failed to respond timely to the Authority's Order
and has not established any extraordinary circumstances to waive
the time limit for filing th