39:0381(26)NG - - ACT and DOD, NG Bureau, RI NG, Providence, RI - - 1991 FLRAdec NG - - v39 p381
[ v39 p381 ]
The decision of the Authority follows:
39 FLRA No. 26
FEDERAL LABOR RELATIONS AUTHORITY
ASSOCIATION OF CIVILIAN TECHNICIANS
U.S. DEPARTMENT OF DEFENSE
NATIONAL GUARD BUREAU
RHODE ISLAND NATIONAL GUARD
PROVIDENCE, RHODE ISLAND
38 FLRA No. 84 (1990)
ORDER DENYING MOTION FOR WAIVER OF TIME LIMITATIONS
TO FILE MOTION FOR RECONSIDERATION
February 1, 1991
Before Chairman McKee and Members Talkin and Armendariz.
I. Statement of the Case
The Agency has filed motions requesting that the Authority waive the expired time limit for filing a motion for reconsideration and grant its motion for reconsideration of the Authority's decision in 38 FLRA No. 84. The Union did not file an opposition to the Agency's motions. For the reasons set forth below, we deny the Agency's motion for waiver of the expired time limit and, accordingly, do not consider the motion for reconsideration.
Section 2429.17 of the Authority's Rules and Regulations requires that a party requesting reconsideration of a final decision and order of the Authority file a motion for reconsideration within 10 days after service of the Authority's decision or order. If the Authority's decision is served by mail, an additional 5 days is added to the 10-day period. 5 C.F.R. º 2429.22.
The Authority's decision in 38 FLRA No. 84 was served on the parties by mail on December 18, 1990. Based on 5 C.F.R. ºº 2429.17 and 2429.22, the last day of the 15-day period for filing a request for reconsideration of 38 FLRA No. 84 was January 2, 1991. That is, the Agency's request for reconsideration had to be either postmarked by the U.S. Postal Service or received in person at the Authority no later than that date to be considered timely. 5 C.F.R. º 2422.21(b).
The Agency's motio