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American Federation of Government Employees, AFL-CIO, Local 3488 and Federal Deposit Insurance Corporation, New York Regional Office



[ v02 p912 ]
02:0912(114)NG
The decision of the Authority follows:


 2 FLRA No. 114
 
 MR. DONALD M. HAINES
 LABOR RELATIONS SPECIALIST
 CONTRACT AND APPEALS DIVISION
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO
 1325 MASSACHUSETTS AVENUE, N.W.
 WASHINGTON, D.C.  20005
 
                             RE:  AFGE, AFL-CIO, LOCAL 3488
                                  AND FEDERAL DEPOSIT INS.
                                  CORP., NEW YORK REG. OFFICE
                                  Case No. 0-NG-192
 
 DEAR MR. HAINES:
 
    THIS REFERS TO YOUR OCTOBER 25, 1979 PETITION FOR REVIEW OF THE
 ACTIVITY'S ALLEGATION OF NONNEGOTIABILITY IN THE ABOVE-CAPTIONED CASE;
 AND TO YOUR DECEMBER 7, 1979 REQUEST FOR WAIVER OF AN EXPIRED TIME
 LIMIT.
 
    IN YOUR PETITION OF OCTOBER 25, 1979, YOU STATE THAT THE SUBJECT
 ALLEGATION DATED OCTOBER 5, 1979, WAS SERVED UPON YOUR UNION ON OCTOBER
 11, 1979.  THEREFORE, UNDER SECTION 7117(C)(2)(A) OF THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE AND SECTION 2424.3 OF THE AUTHORITY'S
 RULES OF PROCEDURE, ANY PETITION FOR REVIEW OF THAT ALLEGATION WAS DUE
 IN THE OFFICE OF THE AUTHORITY NO LATER THAN THE CLOSE OF BUSINESS ON
 OCTOBER 26, 1979.  YOUR PETITION WAS FILED ON OCTOBER 29, 1979.
 
    AS TO YOUR DECEMBER 7, 1979 WAIVER REQUEST, SECTION 2429.23(B) OF THE
 AUTHORITY'S RULES PROVIDES THAT AN EXPIRED TIME LIMIT IN A CASE SUCH AS
 THE INSTANT ONE MAY WAIVED IN "EXTRAORDINARY CIRCUMSTANCES." THE REASON
 YOU CITE IN YOUR REQUEST IS THAT YOUR PETITION WAS INADVERTENTLY SENT BY
 MAIL INSTEAD OF BEING HAND DELIVERED ON OCTOBER 25, 1979, AND AS A
 RESULT, THE AUTHORITY DID NOT RECEIVE THE PETITION UNTIL OCTOBER 29,
 1979.  IN OUR OPINION, SUCH REASON DOES NOT CONSTITUTE AN "EXTRAORDINARY
 CIRCUMSTANCE" WITHIN THE MEANING OF SECTION 2429.23(B) OF THE RULES.
 
    ACCORDINGLY, YOUR REQUEST FOR A WAIVER MUST BE DENIED.
 
    MOREOVER, AS TO YOUR PETITION FOR REVIEW, SINCE THE PETITION WAS
 UNTIMELY FILED, AND APART FROM OTHER CONSIDERATIONS, IT IS HEREBY
 DISMISSED.
 
    FOR THE AUTHORITY.
 
                                SINCERELY,
 
                           SAMUEL A. CHAITOVITZ
 
                            EXECUTIVE DIRECTOR
 
    CC:  J. S. ARNOLD
 
    FDIC