11:0024(13)AR - Army Aviation Center and Fort Rucker and AFGE Local 1815 -- 1983 FLRAdec AR



[ v11 p24 ]
11:0024(13)AR
The decision of the Authority follows:


 11 FLRA No. 13
 
 U.S. ARMY AVIATION CENTER
 AND FORT RUCKER
 (Activity)
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 1815
 (Union)
 
                                            Case No. O-AR-444
 
                        ORDER DISMISSING EXCEPTIONS
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Lloyd L. Byars filed by the union pursuant to section 7122(a)
 of the Federal Service Labor-Management Relations Statute and section
 2425.1 of the Authority's Rules and Regulations.  For the reasons stated
 below, it has been determined that the union's exceptions were untimely
 filed and must be dismissed on that basis.
 
    Under section 7122(b) of the Statute and section 2425.1(b) of the
 Authority's Rules and Regulations, the time limit for filing an
 exception to an arbitration award is thirty days beginning on and
 including the date on the award.  Additionally, under section 2429.21 of
 the Rules and Regulations, any such exception must be received by the
 Authority before the close of business on the last day of the time
 limit.  /1/
 
    The arbitrator's award in this case, as included in the union's
 submission, is dated September 1, 1982.  Therefore, under the Statute
 and the Authority's Rules and Regulations, the union's exceptions were
 due in the national office of the Authority in Washington, D.C., before
 the close of business on September 30, 1982.  However, the union's
 exceptions, dated September 28, 1982, were not filed in the national
 office until October 18, 1982.  In a subsequently filed submission, in
 order to establish that the exceptions were delayed in the mail, the
 union forwarded a U.S. Postal Service certified mail receipt form
 showing that the subject exceptions were mailed to the Authority on
 September 29, 1982.  However, it is well-established that the date a
 document is deposited in the mail is without controlling significance in
 timeliness determinations under the Authority's Rules and Regulations.
 /2/ Additionally, in this case, the delay in delivery of the union's
 exceptions may have been caused by the fact that the exceptions were
 incorrectly addressed to the Authority's previous address rather than to
 the current address.  In any event, and as provided in section
 2429.23(d) of the Rules and Regulations, the time limit for filing
 exceptions to an arbitration award may not be extended or waived by the
 Authority.
 
    Accordingly, as the union's exceptions were untimely filed, they are
 hereby dismissed.  For the Authority.  Issued, Washington, D.C., January
 14, 1983
                                       James J. Shepard, Executive