C.F.R. » Title 5 » CHAPTER XIV—FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL › SUBCHAPTER C—FEDERAL LABOR RELATIONS AUTHORITY AND GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY › PART 2429—MISCELLANEOUS AND GENERAL REQUIREMENTS › Subpart B—General Requirements

5 C.F.R. § 2429.23

Extension; waiver

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(a) Except as provided in paragraph (d) of this section, and notwithstanding § 2429.21(b) of this subchapter, the Authority or General Counsel, or their designated representatives, as appropriate, may extend any time limit provided in this subchapter for good cause shown, and shall notify the parties of any such extension. Requests for extensions of time shall be in writing and received by the appropriate official not later than five (5) days before the established time limit for filing, shall state the position of the other parties on the request for extension, and shall be served on the other parties.

(b) Except as provided in paragraph (d) of this section, the Authority or General Counsel, or their designated representatives, as appropriate, may waive any expired time limit in this subchapter in extraordinary circumstances. Request for a waiver of time limits shall state the position of the other parties and shall be served on the other parties.

(c) The time limits established in this subchapter may not be extended or waived in any manner other than that described in this subchapter.

(d) Time limits established in 5 U.S.C. 7105(f), 7117(c)(2) and 7122(b) may not be extended or waived under this section.

[45 FR 3516, Jan. 17, 1980, as amended at 48 FR 40194, Sept. 6, 1983; 51 FR 45752, Dec. 22, 1986]
Notes of Decisions
Cited in 5 cases, 1987–2009 · leading case: U.S. Dep't of Health & Human Servs. v. Fed. Labor Relations Auth., 844 F.2d 1087 (4th Cir. 1988).
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U.S. Dep't of Health & Human Servs. v. Fed. Labor Relations Auth., 844 F.2d 1087 (4th Cir. 1988). · cites it 2× “5 C.F.R. § 2429.23 (b) (1987). The procedural default rule invoked here by the Author-' ity reflects “an intent that the FLRA shall pass upon issues arising under the Act, thereby bringing its expertise to bear on the resolution of those issues.”
Tinker Air Force Base v. Fed. Labor Relations Auth., 50 F. App'x 913 (10th Cir. 2002). · cites it 2× “” 5 C.F.R. § 2429.23 (b). Tinker AFB, however, offers no explanation of what extraordinary circumstances might have existed to warrant a waiver in its case.”
U.S. Dep't of Health & Human Servs. v. Fed. Labor Relations Auth., 822 F.2d 430 (4th Cir. 1987). “Nonetheless the dissent suggests that the FLRA should have rendered an advisory opinion on the subject because of the Supreme Court’s concern over the issue or because it is entitled to waive its timeliness requirements in exceptional circumstances pursuant to 5 C.F.R. § 2429.23…”
Nat'l Labor Relations Bd. Union & Nat'l Labor Relations Bd. Prof'l Ass'n v. Fed. Labor Relations Auth., 313 F. App'x 328 (D.D.C. 2009). “” 5 C.F.R. § 2429.23 (b). This argument is unpersuasive.”
Nat'l Labor Relations Bd. Union & Nat'l Labor Relations Bd. Prof'l Ass'n v. Fed. Labor Relations Auth., 313 F. App'x 328 (D.D.C. 2009). “” 5 C.F.R. § 2429.23 (b). This argument is unpersuasive.”
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