39:0381(26)NG - - ACT and DOD, NG Bureau, RI NG, Providence, RI - - 1991 FLRAdec NG - - v39 p381



[ v39 p381 ]
39:0381(26)NG
The decision of the Authority follows:


39 FLRA No. 26

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

ASSOCIATION OF CIVILIAN TECHNICIANS

(Union)

and

U.S. DEPARTMENT OF DEFENSE

NATIONAL GUARD BUREAU

RHODE ISLAND NATIONAL GUARD

PROVIDENCE, RHODE ISLAND

(Agency)

0-NG-1813

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.

II. Discussion

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 motion for reconsideration was filed, in person, with the Authority on January 14, 1991. As the Agency acknowledges, the Agency's motion for reconsideration was untimely filed. The Agency acknowledges that "[o]rdinarily, the absence of the personnel who normally review FLRA decisions in this office at the time the decision [was] received would not present an acceptable reason for waiver of the time limits." Agency's Motion at 1. The Agency argues, however, that the Authority's "misunderstanding of [a] portion of [the Agency's] brief" and the Authority's failure to "address [an] argument" made by the Agency justify a waiver of the time limit for filing a motion for reconsideration. Id. at 1, 2.

Section 2429.23(b) of the Authority's Regulations permits a waiver of an expired time limit in "extraordinary circumstances." Here, the Agency expresses disagreement with the Authority's decision. The Agency has not shown, however, that the absence of some Agency personnel at the time the Agency received the Authority's decision in 38 FLRA No. 84 constitutes "extraordinary circumstances" warranting waiver of the time limit. See, for example, Internal Revenue Service, Indianapolis District and National Treasury Employees Union, Chapter 49, 32 FLRA 1235 (1988). Accordingly, the Agency's motion for a waiver of the expired time limit for filing a motion for reconsideration will be denied.

III. Order

The Agency's motion for a waiver of the expired time limit to file a request for reconsiderat