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U.S. Federal Labor Relations Authority

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27:0200(33)CA - VA, VA Medical Center, Muskogee, OK and AFGE Local 2250 -- 1987 FLRAdec CA

[ v27 p200 ]
The decision of the Authority follows:

 27 FLRA No. 33
                                            Case Nos. 6-CA-50105 
                                                 (25 FLRA No. 71)
    This case is before the Authority on a motion filed by the Respondent
 Agency seeking reconsideration of the Authority's Order of February 20,
 1987, finding that certain conduct of the Respondent was violative of
 the Statute.  For the reason set forth below, the Respondent's motion
 for reconsideration must be dismissed.
    Section 2429.17 of the Authority's Rules and Regulations provides in
 pertinent part:
          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.  . . .
    The Authority's Decision and Order was dated and served on the
 Respondent by mail on February 20, 1987.  Therefore, under section
 2429.17 of the Authority's Rules and Regulations as well as sections
 2429.21(b) /1/ and 2429.22 which also are applicable to computation of
 the time limit here involved, the Agency's motion for reconsideration in
 order to be timely filed had to be either mailed to the national office
 of the Authority in Washington, D.C., and postmarked by the U.S. Postal
 Service no later than March 9, 1987, or if filed in person, received at
 the Authority's national office no later than the close of business on
 the same date.  However, if no postmark date is evident on a mailing,
 the Authority's Rules require the presumption that it was mailed five
 (5) days prior to receipt.  Respondent's motion dated March 9, 1987, was
 received by the Authority on March 16, 1987.  As no postmark date is
 evident on the "Official Business" envelope containing the motion, it is
 presumed that the motion was mailed on March 11, 1987 -- five (5) days
 prior to receipt by the Authority.  Therefore, as the Respondent's
 motion was not filed until March 11, 1987, it was untimely and must be
    Accordingly, for the reason set forth above, and apart from other
 considerations, the Respondent's motion for reconsideration is hereby
    For the Authority.
    Issued, Washington, D.C., May 29, 1987.
                                       /s/ Harold D. Kessler
                                       Director of Case Management
                ---------------  FOOTNOTES$ ---------------
    (1) Subsection 2429.21(b) of the Authority's Rules and Regulations,
 applicable to motions for reconsideration filed with the Authority on or
 after December 31, 1986, provides in pertinent part:
          Section 2429.21 Computation of time forfiling papers.
                   .     .     .     .     .     .     .
          (b) Except when filing an unfair labor practice charge . . . ,
       a representation petition . . . , and a request for extension of
       time . . . , when this subchapter requires the filing of any paper
       with the Authority . . . , the date of filing shall be determined
       by the date of mailing indicated by the postmark date.  If no
       postmark date is evident on the mailing, it shall be presumed to
       have been mailed 5 days prior to receipt.  If the filing is by
       personal delivery, it shall be considered filed on the date it is
       received by the Authority . . . .  51 Fed. Reg. 45751 (1986).)