24:0428(44)AR - HUD and AFGE Local 476 -- 1986 FLRAdec AR
[ v24 p428 ]
The decision of the Authority follows:
24 FLRA No. 44 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Agency and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 476 Union Case No. 0-AR-1259 ORDER DISMISSING EXCEPTIONS This case is before the Authority on exceptions to the award of Arbitrator Jerome H. Ross filed by the Union pursuant to section 7122(a) of the Federal Service Labor-Management Regulations 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 is dated September 24, 1986, and, in the absence of evidence to the contrary, appears 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 October 28, 1986. However, the exceptions were not filed with the Authority at its national office in Washington, D.C., until October 30, 1986. The Union sent the exceptions by regular mail from Takoma Park, Maryland on October 23, 1986. In this regard, the record establishes that while the Union identified the Authority as the addressee on the envelope containing the exceptions, the remainder of the address used on the envelope was that of the national office of the National Labor Relations Board. The Office of the Executive Secretary of the National Labor Relations Board received the exceptions on October 28, 1986, and then forwarded them to the national office of the Authority. The exceptions were not received by the Authority's national office until October 30, 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., December 11, 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) Since the Authority's inception in 1979, its Rules and Regulations have required that exceptions to an Arbitrator's award must be filed with the Authority at its national office in Washington, D.C.