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 ]
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).