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32 FLRA NO. 29

Case Nos.
6-AC-70005
6-AC-70006
6-RA-70001
6-RA-70002
6-RA-80001

U.S. DEPARTMENT OF INTERIOR BUREAU OF INDIAN AFFAIRS, NAVAJO AREA GALLUP, NEW MEXICO
Activity

and

NATIONAL COUNCIL OF BUREAU OF INDIAN AFFAIRS EDUCATORS
Petitioner

Case No. 6-AC-70006

U.S. DEPARTMENT OF INTERIOR BUREAU OF INDIAN AFFAIRS ALBUQUERQUE, NEW MEXICO
Activity

and

NATIONAL COUNCIL OF BUREAU OF INDIAN AFFAIRS EDUCATORS
Petitioner

Case No. 6-AC-70005

UNITED STATES DEPARTMENT OF INTERIOR, BUREAU OF INDIAN AFFAIRS ALBUQUERQUE, NEW MEXICO
Activity

and

UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF INDIAN AFFAIRS WASHINGTON, D.C.
Petitioner

and

[ v32 p 177 ]
NATIONAL COUNCIL OF BUREAU OF INDIAN AFFAIRS EDUCATORS/AFT
Labor organization/Incumbent

Case No. 6-RA-70001

UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF INDIAN AFFAIRS NAVAJO AREA OFFICE GALLUP, NEW MEXICO
Activity

and

UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF INDIAN AFFAIRS WASHINGTON, D.C.
Petitioner

and

NATIONAL COUNCIL OF BUREAU OF INDIAN AFFAIRS EDUCATORS/AFT
Labor Organization/Incumbent

Case Nos. 6-RA-70002
6-RA-80001

ORDER DISMISSING MOTION FOR RECONSIDERATION

This case is before the Authority on a motion filed by the Department of the Interior seeking an expansion of the scope of the Authority's Decision and Order Remanding Cases to the Regional Director. The motion, which in essence is a request for reconsideration of our Decision and order Remanding Cases, was untimely filed and must be dismissed.

The Authority's Decision and Order Remanding Cases was dated and served on the Department of the Interior by mail on April 22, 1988. The Department of Interior's motion for reconsideration, dated May 17, 1988, was filed (hand-delivered) with the Authority on May 18, 1988.

5 C.F.R. 2429.17 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 [ v32 p 179 ] 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 time limit for filing a motion for reconsideration of the Authority's Decision and order Remanding Cases was 10 days beginning on the date the Decision was served on the filing party. The date of service of the Decision was the date it was issued and deposited in the U.S. mail, April 22, 1988. Whenever a party is served by mail, 5 days are added to the prescribed period for filing. 5 C.F.R. 2429.22. Therefore, in order to be timely filed, any motion for reconsideration 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 May 9, 1988, or if filed in person, received at the Authority's national office no later than the close of business that same date. 5 C.F.R. 2429.21(b). However, the Department of the Interior's request for reconsideration was hand-delivered on May 18, 1988.

The Department of the Interior 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. 5 C.F.R. 2429.23(b).

Accordingly, the Department of the Interior's motion for reconsideration is dismissed as untimely filed.

Issued, Washington, D.C., May 26, 1988.

Jacqueline R. Bradley Executive Director

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