5 C.F.R. § 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. A motion for reconsideration shall state with particularity the extraordinary circumstances claimed and shall be supported by appropriate citations. The filing and pendency of a motion under this provision shall not operate to stay the effectiveness of the action of the Authority, unless so ordered by the Authority. A motion for reconsideration need not be filed in order to exhaust administrative remedies.
Notes of Decisions
Cited in 10
cases (1 in the last 5 years), 1984–2023 · leading case: Nat'l Ass'n of Gov't Employees v. Fed. Labor Relations Auth., 830 F. Supp. 889 (E.D. Va. 1993).
Nat'l Ass'n of Gov't Employees v. Fed. Labor Relations Auth., 830 F. Supp. 889 (E.D. Va. 1993). “On February 27, 1991, the Union requested reconsideration of the Authority’s decision pursuant to 5 C.F.R. § 2429.17 . The Authority denied reconsideration on March 15, 1991.”
Nat'l Labor Relations Bd. v. Fed. Labor Relations Auth., Nat'l Labor Relations Bd. Union, Intervenor, 2 F.3d 1190 (D.C. Cir. 1993). “Given the similarity of the FLRA’s and NLRB’s motion for reconsideration provisions, compare 5 C.F.R. § 2429.17 (1993) (FLRA) with 29 C.”
United States Dep't of the Treasury v. Fed. Labor Relations Auth., 670 F.3d 1315 (D.C. Cir. 2012). “1993)); see 5 C.F.R. § 2429.17 (authorizing motion for reconsideration).”
Fed. Labor Relations Auth. v. Soc. Sec. Admin., 753 F.2d 156 (D.C. Cir. 1985). “See 5 C.F.R. § 2429.17 (1984). Under these circumstances, we think that the SSA had ample opportunity to inform the Authority of its argument, and that passage of the act after the initial administrative hearing cannot excuse the SSA’s failure to do so.”
Georgia State Chapter Ass'n of Civilian Technicians v. Fed. Labor Relations Auth., 184 F.3d 889 (D.C. Cir. 1999). “3d at 245; United States Dep’t of Interior v. FLRA, 969 F.2d 1158 , 1161 (D.”
U.S. Dep't of Health & Human Servs. v. Fed. Labor Relations Auth., 822 F.2d 430 (4th Cir. 1987). “The FLRA denied the HHS motion for reconsideration as untimely, noting that under FLRA rules ( 5 C.F.R. § 2429.17 ) a motion for reconsideration is due within ten days of the FLRA decision in a particular case.”
U.S. Dep't of Health & Human Servs. v. Fed. Labor Relations Auth., 844 F.2d 1087 (4th Cir. 1988). “5 C.F.R. § 2429.17 . There are no extraordinary circumstances warranting this court’s consideration of the above issue.”
Vets. Admin. Med. Ctr. v. Fed. Labor Relations Auth., 732 F.2d 1128 (2d Cir. 1984). “The Authority also rejected the VA's argument that its refusal to negotiate was justified because a request for reconsideration was pending before the Authority, citing its own regulation, 5 C.F.R. § 2429.17 , which provides that the filing of a motion for reconsideration does…”
Nat'l Ass'n of Immigr. Judges v. FLRA (D.C. Cir. 2023). “A party need not seek agency reconsideration before petitioning for judicial review, see 5 C.F.R. § 2429.17 , but if it chooses to seek reconsideration, “the reconsideration request ordinarily tolls the running of the time limit for judicial review,” Collins v.”
Flra v. Nasa (11th Cir. 1997). “The Authority raised the issue of NASA-HQ's liability sua sponte when no issues relating to NASA-HQ were before the Authority and filed for enforcement of its order on the same day the order was issued.”
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