24:0651(65)AR - Defense Logistics Agency, Defense Property Disposal Service, Defense Reutilization and Marketing Region, Memphis, TN and AFGE Local 2501 -- 1986 FLRAdec AR



[ v24 p651 ]
24:0651(65)AR
The decision of the Authority follows:


 24 FLRA No. 65
 
 DEFENSE LOGISTICS AGENCY, DEFENSE 
 PROPERTY DISPOSAL SERVICE, DEFENSE
 REUTILIZATION AND MARKETING REGION, 
 MEMPHIS, TENNESSEE
 Agency
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT 
 EMPLOYEES, AFL-CIO, LOCAL 2501
 Union
 
                                            Case No. O-AR-1271
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case is before the Authority on exceptions to the award of
 Arbitrator J. Reese Johnston, 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 is dated October 20, 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 November 24, 1986.
 
    The Union sent the exceptions by certified mail from Memphis,
 Tennessee on November 21, 1986.  However, the exceptions were not
 received by the Authority at its national office in Washington, D.C.,
 until November 26, 1986, 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 19, 1986.
                                       /s/ Harlod 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). 
 
 
 


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