48:1390(145)UC - - DOD, Stateside Dependents Schools & Overseas Education Association and Antilles Consolidated Education Association - - 1994 FLRAdec UC - - v48 p1390
[ v48 p1389 ]
The decision of the Authority follows:
48 FLRA No. 145
FEDERAL LABOR RELATIONS AUTHORITY
U.S. DEPARTMENT OF DEFENSE
STATESIDE DEPENDENTS SCHOOLS
OVERSEAS EDUCATION ASSOCIATION
ANTILLES CONSOLIDATED EDUCATION ASSOCIATION
ORDER DISMISSING APPLICATION FOR REVIEW
January 12, 1994
The Petitioner has filed an application for review of the Regional Director's Decision and Order in the above- captioned case. On December 17, 1993, the Authority issued an Order directing the Petitioner to show cause why its application should not be dismissed as untimely filed. The Petitioner filed a timely response to the Authority's Order. For the reasons set out below, the Petitioner'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 60-day time limit for filing an application for review may not be extended or waived. Id. See also 5 C.F.R. §§ 2429.23(d).
The Regional Director's Decision and Order in this case is dated October 8, 1993. Any application for review of the Decision and Order had to be either postmarked by the U.S. Postal Service or delivered in person to the Authority no later than December 7, 1993, in order to be considered timely.
The Authority received the Petitioner's application for review on December 13, 1993. The envelope in which the application for review was mailed did not have a postmark. U