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44:0766(64)CA - - Justice, INS, Border Patrol, El Paso, TX and AFGE, National Border Patrol Council - - 1992 FLRAdec CA - - v44 p766



[ v44 p766 ]
44:0766(64)CA
The decision of the Authority follows:


44 FLRA No. 64

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

DEPARTMENT OF JUSTICE

UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE

UNITED STATES BORDER PATROL

EL PASO, TEXAS

(Respondent)

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO

NATIONAL BORDER PATROL COUNCIL

(Charging Party/Union)

6-CA-80655

(43 FLRA 697 (1991))

ORDER DENYING MOTION FOR WAIVER OF EXPIRED TIME LIMIT

TO FILE MOTION FOR RECONSIDERATION

April 9, 1992

Before Chairman McKee and Members Talkin and Armendariz.

This case is before the Authority on the Respondent's February 14, 1992, motion for reconsideration of the Authority's December 20, 1991, Decision and Order in Department of Justice, United States Immigration and Naturalization Service, United States Border Patrol, El Paso, Texas, 43 FLRA 697 (1991), petition for review filed sub nom. Department of Justice, United States Immigration and Naturalization Service, United States Border Patrol, El Paso, Texas v. FLRA, No. 92-4149 (5th Cir. Feb. 13, 1992). The Respondent acknowledges that its motion is untimely and requests a waiver of the expired time limit. The General Counsel filed a response to the Respondent's motion for reconsideration.

The Respondent asserts that the Authority should waive the time limit applicable to the filing of its motion for reconsideration because the Authority's decision is inconsistent with a decision issued on January 7, 1992, in National Labor Relations Board v. FLRA, 952 F.2d 523 (D.C. Cir. 1992). The General Counsel contends that the Authority should not waive the time limit because to do so would require the Authority "to reconsider any of its previous[ly] adjudicated [d]ecisions, no matter how old, any time a moving party comes across a subsequent case decision which the party considers useful and wants to use to reargue the case . . . ." Response at 2.

Section 2429.17 of the Authority's Regulations provides that a request for reconsideration of a final decision or order of the Authority must be filed within 10 days after service of the decision or order. As acknowledged by the Respondent, its motion for reconsideration is untimely.

Section 2429.23(b) of the Authority's Regulations provides that the Authority may waive expired time limits "in extraordinary circumstances." The Respondent has not established extraordinary circumstances warranting waiver of the expired time limit. See American Federation of Government Employees, Council 236 and General Services Administration, 24 FLRA 913 (1986). Accordingly, without addressing the motion for reconsideration, the Respondent's request for waiver of the expired time limit is denied.




FOOTNOTES:
(If blank, the decision does not have footnotes.)