16:0827(115)AR - VA Medical Center, Asheville, NC and AFGE Local 446, Asheville, NC -- 1984 FLRAdec AR
[ v16 p827 ]
The decision of the Authority follows:
16 FLRA No. 115 VETERANS ADMINISTRATION MEDICAL CENTER ASHEVILLE, NORTH CAROLINA Activity and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 446, ASHEVILLE, NORTH CAROLINA Union Case No. O-AR-869 ORDER DISMISSION EXCEPTIONS This case is before the Authority on exceptions to the award of Arbitrator J. Ralph Beaird 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 exceptions must be dismissed as untimely filed. The Arbitrator's otherwise undated award was enclosed with a letter dated September 18, 1984, addressed to both parties. The letter transmitted the award and set forth the Arbitrator's charges for the award. It appears that the award was served on the parties by mail on the same day. Under section 7122(b) of the Statute, as amended, /1/ and section 2425.1 of the Authority's Rules and Regulations, as amended, /2/ which amendments are applicable to exceptions pending or filed with the Authority on or after March 2, 1984, and under sections 2429.21 and 2429.22 of the Rules and Regulations, which are also applicable to computation of the time limit here involved, any exceptions to the Arbitrator's award in this case had to be filed with the Authority not later than the close of business on October 22, 1984. However, the exceptions were not filed with the Authority at its National Office in Washington, D.C., until November 13, 1984. In his cover letter dated November 7, 1984, the Union's representative noted: "(T)he Arbitrator made his decision (on) September 18, 1984. And we received a copy from him November 1, 1984." In his November 1, 1984, letter to the Union representative, the Arbitrator stated that he had enclosed a copy of his September 18, 1984, letter regarding FMCS No. 84K/13610, and "Since I have not heard from your Local regarding this matter, I have enclosed an additional copy just in case you did not receive my original letter." Inasmuch as the 30-day period for filing exceptions to an arbitrator's award begins on the date the award is served on the filing party and not on the date the award is received by the filing party, the Union's exceptions were untimely filed. Accordingly, as the Union's exceptions were untimely filed, they are hereby dismissed. For the Authority. Issued, Washington, D.C., December 13, 1984 /s/ Harold D. Kessler Harold D. Kessler, Acting Executive Director/Administrator --------------- FOOTNOTES$ --------------- /1/ Section 7122(b) of the Statute was amended by the Civil Service Miscellaneous Amendments Act of 1983 (Pub. L. No. 98-224, Section 4, 98 Stat. 47, 48 (1984) to provide that the 30-day period for filing exceptions to an arbitrator's award begins on the date the award is served on the filing party. /2/ 49 Fed.Reg. 22623 (1984).