22:0212(21)AR - Puget Sound Naval Shipyard and Bremerton MTC Navy Yard Lodge 290 -- 1986 FLRAdec AR



[ v22 p212 ]
22:0212(21)AR
The decision of the Authority follows:


 22 FLRA No. 21
 
 PUGET SOUND NAVAL SHIPYARD
 Activity
 
 and
 
 BREMERTON METAL TRADES COUNCIL 
 NAVY YARD LODGE 290
 Union
 
                                            Case NO. 0-AR-1153
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case is before the Authority on exceptions to the award of
 Arbitrator Michael H. Beck 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 reason
 stated below, it has been determined that the exceptions must be
 dismissed as untimely filed.
 
    The Arbitrator's award, statement of fees and expenses, and cover
 letter are dated April 9, 1986, and, in the absence of evidence to the
 contrary, appear to have been 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, that is, received in
 the national office of the Authority not later than the close of
 business on May 13, 1986.  However, the Union misfiled its exceptions
 with the Authority's San Francisco Regional Office that same day, the
 exceptions were not filed with the Authority at its national office in
 Washington, D.C., until May 19, 1986.
 
    On its copy of the Arbitrator's award, the Union highlighted that it
 did not receive the award until April 22, 1986.  Nevertheless, as the
 period for filing exceptions to the Arbitrator's award began on the date
 it was served on the filing party, that is, deposited in the mail (see
 section 2429.27(d) of the Authority's Rules and Regulations), and not on
 the date the award was received by that party, the Union's exceptions
 were untimely filed.
 
    Accordingly, the Union's exceptions are hereby dismissed.
 
    For the Authority.
 
    Issued, Washington, D.C., June 23, 1986.
                                       /s/ Harold D. Kessler
                                       Director of Case Management
 
 
                ---------------  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