27:0277(39)AR - VA Medical Center, Leavenworth, KS and AFGE Local 85 -- 1987 FLRAdec AR
[ v27 p277 ]
27:0277(39)AR
The decision of the Authority follows:
27 FLRA No. 39
VETERANS ADMINISTRATION MEDICAL
CENTER, LEAVENWORTH, KANSAS
Agency
and
AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, LOCAL 85
Union
Case No. 0-AR-1283
(26 FLRA No. 46)
ORDER DISMISSING REQUEST FOR CONSIDERATION
This case is before the Authority on a request filed by the Union on
April 22, 1987, in effect requesting reconsideration of the Authority's
Decision of March 25, 1987. For the reason set forth below, the request
must be dismissed.
Section 2429.17 of the Authority's Rules and Regulations, effective
September 10, 1981, 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 10 days after service of
the Authority's decision or order . . . .
The Authority's Decision was dated and served on the Union by mail on
March 25, 1987. Therefore, under section 2429.17 of the Authority's
Rules and Regulations, and sections 2429.21 and 2429.22, which are also
applicable to the computation of the time limit here involved, the
Union's request for reconsideration was due in the national office of
the Authority before the close of business on April 13, 1987. Since, as
indicated above, the Union's request was not filed until April 22, 1987,
it is clearly untimely and must be dismissed.
Accordingly, the Union's request for reconsideration is dismissed.
For the Authority.
Issued, Washington, D.C., May 29, 1987.
/s/ Harold D. Kessler
Director of Case Management