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27:0450(63)CA - DOT and AFGE Local 2747 -- 1987 FLRAdec CA



[ v27 p450 ]
27:0450(63)CA
The decision of the Authority follows:


 27 FLRA No. 63
 
 DEPARTMENT OF TRANSPORTATION
 Respondent
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT 
 EMPLOYEES, LOCAL 2747, AFL-CIO
 Charging Party
 
                                            Case No. 2-CA-20217
                                             (26 FLRA No. 32)
 
                 ORDER DENYING REQUEST FOR RECONSIDERATION
 
    This case is before the Authority on a request filed by the
 Respondent on April 17, 1987, seeking modification of the portion of the
 Authority's Decision and Order on Remand of March 17, 1987, which
 required posting a notice.  For the reason set forth below, the request,
 which in essence is a request for reconsideration of our Decision and
 Order on Remand, must be denied.
 
    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 on Remand was dated and served on
 the Respondent by mail on March 17, 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 Respondent's motion for reconsideration was to
 be filed with the Authority by April 1, 1987.  Since, as indicated
 above, the Respondent's motion for reconsideration was not filed until
 April 17, 1987, it is clearly untimely and must be denied.
 
    The Respondent has failed to establish or even allege the existence
 of any extraordinary circumstances which would warrant waiving the
 expired time limit for filing its motion for reconsideration.  /*/
 
    The Respondent's motion for reconsideration is denied.
 
    Issued, Washington, D.C., June 16, 1987.
 
                                       /s/ Jerry L. Calhoun, Chairman
                                       /s/ Henry B. Frazier III, Member
                                       /s/ Jean McKee, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
                ---------------  FOOTNOTES$ ---------------
 
 
    (*) Section 2429.23(b) of the Rules and Regulations provides, in
 pertinent part:
 
          (T)he Authority . . . may waive any expired time limit in this
       subchapter in extraordinary circumstances.