42:0164(10)CU - U.S. ARMY CORPS OF ENGINEERS, MEMPHIS DISTRICT MEMPHIS, TENNESSEE and NFFE, LOCAL 259 -- 1991 FLRAdec CU

[ v42 p164 ]
42:0164(10)CU
The decision of the Authority follows:


42 FLRA No. 10
FEDERAL LABOR RELATIONS AUTHORITY
WASHINGTON, D.C.
	     

U.S. ARMY CORPS OF ENGINEERS
MEMPHIS DISTRICT
MEMPHIS, TENNESSEE
(Activity)

and

NATIONAL FEDERATION OF FEDERAL EMPLOYEES
LOCAL 259
(Labor Organization/Petitioner)

 4-CU-10001

	     
ORDER DISMISSING APPLICATION FOR REVIEW

September 13, 1991
	     

	
The Petitioner has filed an application for review of the Regional 
Director's Decision and Order in the above- captioned case.  For reasons set 
forth below, the Petitioner's application for review is untimely and must be 
dismissed.

	The Authority's Regulations provide that "[a] party may file an 
application for review of the Regional Director's Decision and Order with 
the Authority within sixty (60) days of the date of such action."  5 C.F.R. 
2422.17(a).  The 60-day time limit for filing an application for review "may 
not be extended or waived."  Id.  See also 5 C.F.R. § 2429.23(d).  An 
application for review must be filed with the Authority's Docket Room in 
Washington, D.C.  5 C.F.R. § 2429.24(a).

	The Regional Director issued her Decision and Order on July 3, 1991.  
The 60-day period for filing an application for review began on July 3, 1991 
and expired on Sunday, September 1, 1991.  Because the last day of the 60-
day period was a weekend day, and the next day, Monday, September 2, 1991, 
was a Federal legal holiday (Labor Day), the last day for filing a timely 
application for review of the Regional Director's July 3 Decision and Order 
was Tuesday, September 3,1991.*/  5 C.F.R. § 2429.21(a).  The 
application for review was filed by the Petitioner in the Authority's Docket 
Room on September 9, 1991.

	The Petitioner's application for review was untimely filed.  
Accordingly, the Petitioner's application for review is dismissed.


For the Authority.


		                              
		Alicia N. Columna
		Director, Case Control Office


_______________________________________________________
                       

*/  Although the Regional Director erroneously established September 9, 1991, 
as the filing date for the application for review, the Regional Director's 
error does not provide a bases for finding the application for review to be 
timely filed.  See U.S. Department of Housing and Urban Development, 
Washington, D.C. and American Federation of Government Employees, Local 476, 
34 FLRA 307 (1990).  As noted previously, the time limit for filing an 
application for review and may not be extended or waived.  5 C.F.R. §§ 2422.17(a) 
and 2