11:0024(13)AR - Army Aviation Center and Fort Rucker and AFGE Local 1815 -- 1983 FLRAdec AR
[ v11 p24 ]
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 Director --------------- FOOTNOTES$ --------------- /1/ Section 2429.21 provides, in pertinent part: . . . when this subchapter requires the filing of any paper, such document must be received by the Authority . . . before the close of business on the last day of the time limit, if any, for such filing . . . . /2/ See, e.g., Department of the Navy, Consolidated Civilian Personnel Office, Naval Base Police, Pearl Harbor and Local R-12-195, International Brotherhood of Police Officers/National Association of Government Employees, 3 FLRA 471 (1980); request for reconsideration denied November 25, 1981.