29:0282(31)AR - AFGE VS HHS, SSA
[ v29 p282 ]
The decision of the Authority follows:
29 FLRA NO. 31 SOCIAL SECURITY ADMINISTRATION Agency and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES Union Case No. 0-AR-1424
This case is before the Authority on exceptions to the award of Arbitrator Donald Daughton filed by the Agency 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 reasons stated below, it has been determined that the exceptions must be dismissed as untimely filed. The Union filed a response thereto.
The Arbitrator's award is dated August 5, 1987, and 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 section 2429.21 of the rules, as amended, 3 and section 2429.22 of the rules, any exceptions to the Arbitrator's award had to be either mailed to the national office of the Authority in Washington, D.C. and postmarked by the U.S. Postal Service no later than close of business on September 8, 1987 or, if filed in person, received at the Authority's national office no later than that same date if the exceptions are to be timely filed. However, the instant exceptions were filed in person at the Authority's national office on September 9, 1987.
Accordingly, as the Agency's exceptions were untimely filed, they are hereby dismissed.
For the Authority.
Issued, Washington, D.C., September 30, 1987.
Harold D. Kessler Director of Case Management
Footnote 1 Section 7122(b) of the Statute was amended by the Civil Service Miscellaneous Amendments Act of 1983 (Pub. L. No. 98-224, 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.
Footnote 2 49 Fed. Reg. 22623 (1984). The amendments to section 2425.1 of the Authority's Rules and Regulations are applicable to exceptions pending or filed with the Authority on or after March 2, 1984.
Footnote 3 51 Fed. Reg. 45751 (1986). The amendments to section 2429.21 of the Authority's Rules and Regulations are applicable to exceptions pending or filed with the Authority on or after December 31, 1986.