32:0366(56)AR - OVERSEAS FEDERATION OF TEACHERS, AFT, AFL-CIO and DOD DEPENDENTS SCHOOLS, MEDITERRANEAN REGION -- 1988 FLRAdec AR

  32 FLRA NO. 56
                  32 FLRA 366

Date:             16 JUN 1988

OVERSEAS FEDERATION OF TEACHERS,
AFT, AFL-CIO

              Union

         and

DEPARTMENT OF DEFENSE DEPENDENTS
SCHOOLS, MEDITERRANEAN REGION

              Activity

Case No. 0-AR-1429
(29 FLRA 230)

ORDER DENYING MOTION FOR RECONSIDERATION

     I. Statement of the Case

     The Overseas Federation of Teachers, AFT, AFL - CIO (the
Union) filed a motion on October 13, 1987, seeking
reconsideration of the Authority's Order of September 29, 1987,
which dismissed the Union's exceptions as untimely filed. For the
reasons set out below, the Union's motion for reconsideration is
denied.

     II. Background

     The arbitrator's award was dated July 30,  1987, and was
served on the Union by mail on the same date. The time limit for
filing exceptions to an arbitrator's award is 30  days beginning
on the date the award is served on the filing party. 5 U.S.C.
7122(b) and 5 C.F.R. 2425.1(b) (1987). Because the award was
served by mail, 5 days are added to the prescribed time period
for filing exceptions. 5 C.F.R. 2429.22 (1987). Therefore, to be
timely, on September 2, 1987, the Union's exceptions must have
been either mailed to the national office of the Authority, or if
filed in person, received at the Authority's national office. 5
C.F.R. 2429.21 (1987).

     The Union states that due to the unusual circumstances with
overseas mail, it received the Arbitrator's award at its office
in Verona, Italy on August 10, 1987, 11 days after it was mailed.
The Union states that it filed its exceptions within 30  days
after the date the Union received the award. The exceptions were
postmarked September 9, 1987. The Authority issued its Order on
September 29, 1987, dismissing the Union's exceptions as
untimely.

     III. Union's Motion

     The Union asserts that the 30-day period for filing
exceptions should have been tolled because of the problems
inherent in overseas mailing. The Union also asserts that the
Authority erred in its decision in U.S. Department of Housing and
Urban Development and American Federation of Government
Employees, AFL - CIO, Local 476, 27 FLRA  852 (1987) (U.S. HUD).
The Union argues that the legislative history of 5 U.S.C. 7122
(b) does not support the Authority's determination in U.S. HUD
that the 30-day period for filing exceptions is jurisdictional or
that the 30-day period is not subject to equitable considerations
like other statutory time periods.

     IV. Analysis and Conclusions

     A party must show that "extraordinary circumstances" warrant
reconsideration of a final decision or order of the Authority. 5
C.F.R. 2429.17 (1987). The Union has failed to establish such
circumstances. Our holding in U.S. HUD should not be read to mean
that equitable considerations could not be applied to toll the
30-day time period for filing exceptions in an appropriate case.
Nonetheless, we find no basis for applying such considerations
here.

     The Union received the arbitrator's award on August 10,
1987. It had until September 2, 1987, or 23 days, in which to
file timely exceptions. In our view, the Union had sufficient
opportunity to file timely exceptions despite the amount of time
involved in overseas mailing. Therefore, we conclude that the Union filed its exceptions late because of its own
internal actions after it received the award.

     V. Decision

     The Union's motion for reconsideration is denied.

     Issued, Washington, D.C.,June 16, 1988.

Jerry L. Calhoun,        Chairman

Jean McKee,                Member

FEDERAL LABOR RELATIONS AUTHORITY