46:0890(79)AR - - DOL, Washington, DC and AFGE Local 12 - - 1992 FLRAdec AR - - v46 p890



[ v46 p890 ]
46:0890(79)AR
The decision of the Authority follows:


46 FLRA No. 79

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

U.S. DEPARTMENT OF LABOR

WASHINGTON, D.C.

(Agency)

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 12

(Union)

0-AR-2365

(46 FLRA No. 71 (1992))

_____

ORDER DENYING MOTION FOR RECONSIDERATION

December 8, 1992

_____

Before Chairman McKee and Members Talkin and Armendariz.

I. Statement of the Case

This case is before us on a motion filed by the Union under section 2429.17 of the Authority's Rules and Regulations seeking reconsideration of our order of November 10, 1992,(1) dismissing as untimely the Union's exceptions to the arbitration award involved in this case. The Agency did not file an opposition to the motion for reconsideration.

For the following reasons, we conclude that the Union has not established that extraordinary circumstances exist warranting reconsideration of the Authority's order. Accordingly, we will deny the motion for reconsideration.

II. Authority's Order

By order dated November 10, 1992, the Authority determined that the Union's exceptions to the arbitration award involved in this case were untimely filed. The Authority stated that the award was served on the parties by mail on September 22, 1992, and, under sections 2425.1(b)(2) and 2429.22 (3) of the Authority's Rules and Regulations, the due date for exceptions was the close of business on October 26, 1992. As the Union's exceptions were filed on October 27, 1992, the Authority dismissed the exceptions as untimely. The Authority stated, in this connection, that the time limit for filing exceptions to an arbitration award may not be extended or waived.(4)

III. Motion for Reconsideration

The Union contends that reconsideration of the Authority's order