24:0115(14)AR - Pine Bluff Arsenal, Pine Bluff, AK and AFGE Local 953 -- 1986 FLRAdec AR
[ v24 p115 ]
The decision of the Authority follows:
24 FLRA No. 14 PINE BLUFF ARSENAL PINE BLUFF, ARKANSAS Activity and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 953 Union Case No. 0-AR-1231 ORDER DISMISSING EXCEPTIONS This case is before the Authority on exceptions to the award of Arbitrator A. Dale Allen, Jr. 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 and a statement of fees and expenses are dated August 12, 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 September 15, 1986. However, the exceptions were not filed with the Authority at its national office in Washington, D.C., until September 18, 1986. In this regard, the record establishes that the Union addressed the exceptions to the Authority's Dallas Regional Office, and mailed them by regular mail from Pine Bluff, Arkansas on September 11, 1986. The Dallas Regional Office received the exceptions on September 15, 1986, and exercised due diligence in forwarding them on September 16, 1986. The exceptions were not received by the Authority's national office until September 18, 1986, /3/ and, therefore, were untimely filed. Accordingly, as the Union's exceptions were untimely filed, they are hereby dismissed. For the Authority. Issued, Washington, D.C., November 20, 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 the date the award is served on the filing party. (2) 49 Fed. Reg. 22623 (1984). (3) It is well established that exceptions to an Arbitrator's award cannot be filed at a Regional Office, but must be filed with the Authority at its national office in Washington, D.C. See, The Panama Canal Commission and Maritime Metal Trades Council, AFL-CIO, 21 FLRA No. 38, n. 5 (1986).