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34:0016(4)CU - HUD, WASHINGTON, D.C. and AFGE, LOCAL 476-- 1989 FLRAdec CU



[ v34 p16 ]
34:0016(4)CU
The decision of the Authority follows:


  34 FLRA NO. 4
 


                            ______

       U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
                       WASHINGTON, D.C.
                           (Agency)

                             and

          AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
                           LOCAL 476
                         (Petitioner)

                          3-CU-90003

	ORDER DISMISSING APPLICATION FOR REVIEW

     October 24, 1989

     The U.S. Department of Housing and Urban Development
(Agency) has filed an application for review of the Regional
Director's Decision and Order in the above-referenced case. For
reasons set out below, the Agency's application for review 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). An application for review must
be filed with the Authority's Docket Room in Washington, D.C. 5
C.F.R. 2429.24(a).

     The Regional Director issued his Decision and Order on July
21, 1989. The 60-day period for filing an application for review
began on July 22, 1989 and expired on Tuesday, September 19,
1989. Since the due date did not fall on a weekend or holiday no
further allowance was required under 5 C.F.R. 2429.21(a). The
application for review was filed by the Agency in the Authority's
Docket Room on September 21, 1989. [ v34  p16 ]

     The Agency's application for review was untimely filed.
Accordingly, the Agency's application for review is dismissed.

For the Authority.

Clyde B. Blandford, Jr.
Acting Executive Director [ v34 p17]