47:0533(47)AR - - VA Medical Center, Jackso, MS and NFFE Local 589 - - 1993 FLRAdec AR - - v47 p533
[ v47 p533 ]
The decision of the Authority follows:
47 FLRA No. 47
FEDERAL LABOR RELATIONS AUTHORITY
U.S. DEPARTMENT OF VETERANS AFFAIRS
NATIONAL FEDERATION OF FEDERAL EMPLOYEES
(46 FLRA No. 150)
ORDER DISMISSING REQUEST FOR RECONSIDERATION
April 30, 1993
The Agency has filed a request for reconsideration of the Authority's Decision issued February 26, 1993, in the above-captioned case. The Agency's request for reconsideration is untimely and must be dismissed.
In pertinent part, section 2429.17 of the Authority's Regulations (5 C.F.R. § 2429.17) provides:
After a final decision or order of the Authority has been issued, a party to the proceeding before the Authority who can establish in its moving papers extraordinary circumstances for so doing may move for reconsideration of such final decision or order. The motion shall be filed within ten (10) days after service of the Authority's decision or order. . . .
Because the Authority's Decision in the above-captioned case was served on the parties by mail on February 26, 1993, any timely filed request for reconsideration had to be either postmarked by the U.S. Postal Service, or received in person at the Authority no later than March 15, 1993.(*) 5 C.F.R. §§ 2429.17, 2429.21(a) and 2429.22. The Agency's request for reconsideration, dated April 12, 1993, was received by the Authority on April 19, 1993, and is untimely.
The Agency has failed to establish, or allege, the existence of any extraordinary circumstances which would warrant waiving the expired time limit for filing its request for reconsideration. 5 C.F.R. § 2429.23(b). Accordingly, the Agency's request for reconsideration is dismissed.
For the Authority.
Alicia N. Columna
Director, Case Control Office
(If blank, the decision does not have footnotes.)
*/ Under section 2429.17 of the Authority's Regulations, and excluding other calculations, any request for reconsideration of the Authority's February 26 Decision had to be filed with the Authority by March 8, 1993. However, because the Decision was served on the parties by mail, section 2429.22 authorizes the addition of 5 days to the filing due date. Therefore, as extended by the operation of section 2429.22, the due date was March 13, 1993. However, section 2429.21(a) provides that if a due date falls on a Saturday, Sunday, or Federal legal holiday, the time limit "shall run until the end" of the next work day. As March 13, 1993, was a Saturday, the time limit for filing a request for reconsideration was extended to the close of business on Monday, March 15, 1993.