48:0917(98)CU - - EEOC, Washington, DC and National Council of EEOC Locals No. 216, AFGE - - 1993 FLRAdec CU - - v48 p917
[ v48 p917 ]
The decision of the Authority follows:
48 FLRA No. 98
FEDERAL LABOR RELATIONS AUTHORITY
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
NATIONAL COUNCIL OF EEOC LOCALS NO. 216
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
ORDER DISMISSING APPLICATION FOR REVIEW
November 19, 1993
The Agency has filed an application for review of the Regional Director's Decision and Order in the above-captioned case. On October 22, 1993, 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 issued his Decision and Order on August 16, 1993. Any application for review had to be either postmarked by the U.S. Postal Service or received in person at the Authority no later than October 15, 1993, in order to be considered timely. The Agency's application for review was filed (postmarked) on October 18, 1993.
In its response to the Authority's October 22, l993, Order to Show Cause, the Agency asserts that its application was mailed on October 15, l993, but that contract employees in its mailroom erroneously post-dated the Agency's application. Alternatively, the Agency contends that the meter po