43:0827(67)CU - IRS, WASHINGTON, D.C. AND IRS, CHICAGO DISTRICT, CHICAGO, ILLINOIS and NTEU AND NTEU, CHAPTER 10 -- 1991 FLRAdec CU



[ v43 p827 ]
43:0827(67)CUA
The decision of the Authority follows:


 43 FLRA NO. 67


                U.S. DEPARTMENT OF THE TREASURY
                    INTERNAL REVENUE SERVICE
                       WASHINGTON, D.C.
                              AND
                    INTERNAL REVENUE SERVICE
                        CHICAGO DISTRICT
                       CHICAGO, ILLINOIS
                            (Agency)

                              and

               NATIONAL TREASURY EMPLOYEES UNION
                              AND
               NATIONAL TREASURY EMPLOYEES UNION
                           CHAPTER 10
                (Labor Organization/Petitioner)

                           5-CU-00016

                              ORDER

                         December 27, 1991

     The Agency has filed an application for review of the
Regional Director's Decision and Order in the above-captioned
case. On December 5, 1991, the Authority issued an order
directing the Agency to show cause why its application should not
be dismissed as untimely filed. The Agency filed a timely
response to the Authority's Order. For the reasons set out below,
the Agency's application 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 time limit for filing an
application for review may not be extended or waived. 5 C.F.R.
2422.17(a) and 2429.23(d).

     The Regional Director's Decision and Order in this case is
dated September 25, 1991. Any application for review of
the Decision and Order had to be filed with the Authority no
later than November 25, 1991, to be timely filed.

     The Agency's application for review, dated November 25,
1991, was mailed in an envelope without a postmark (postage was
paid by the Department of the Treasury as shown by a "penalty
mail" label). The Authority received the Agency's application for
review on December 2, 1991. Under Section 2429.21(b) of the
Authority's Rules and Regulations, if no postmark is evident, a
filing is presumed to have been mailed 5 days prior to receipt.
The filing date for the Agency's application is therefore,
presumed to be November 27, 1991. See Veterans Administration,
Veterans Administration Medical Center, Muskogee, Oklahoma, 29 
FLRA  51 (1987).

     The Authority's Regulations provide that a return post
office receipt or other written receipt executed by the party or
person served shall constitute proof of service. 5 C.F.R.
2429.27(b). The Agency's assertion, supported