47:0533(47)AR - - VA Medical Center, Jackso, MS and NFFE Local 589 - - 1993 FLRAdec AR - - v47 p533



[ v47 p533 ]
47:0533(47)AR
The decision of the Authority follows:


47 FLRA No. 47

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF VETERANS AFFAIRS

MEDICAL CENTER

JACKSON, MISSISSIPPI

(Agency)

and

NATIONAL FEDERATION OF FEDERAL EMPLOYEES

LOCAL 589

(Union)

0-AR-2337

(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:

2429.17 Reconsideration.

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 ex