42:0164(10)CU - U.S. ARMY CORPS OF ENGINEERS, MEMPHIS DISTRICT MEMPHIS, TENNESSEE and NFFE, LOCAL 259 -- 1991 FLRAdec CU
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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 2429.23(d).