31:1108(90)AR - VA Medical Center, Gainesville, FL and AFGE Local 2779 -- 1988 FLRAdec AR



[ v31 p1108 ]
31:1108(90)AR
The decision of the Authority follows:


 31 FLRA NO. 90
 31 FLRA 1108
    30 MAR 1988


VETERANS ADMINISTRATION MEDICAL
CENTER, GAINESVILLE, FLORIDA

                    Activity

          and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2779

                     Union

Case No. 0-AR-1499

ORDER

     The Union has filed with the Authority exceptions to the
award of Arbitrator Stanley H. Sergent, Jr. pursuant to 5 U.S.C.
7122(a) and 5 C.F.R. 2425.1. The Union's exceptions are untimely
and must be dismissed.

     The Arbitrator's award is dated December 22, 1987. The
Union's exceptions: (1) are dated January 29, 1988; (2) were
misdirected to Region 4 of the Federal Labor Relations Authority
in Atlanta, Georgia in an envelope postmarked January 30,  1988;
1 (3) were forwarded to the Authority by the Atlanta Region by
letter dated February 2, 1988; and (4) were filed with the
Authority on February 3, 1988, by operation of 5 C.F.R.
2429.21(b), which provides that if no postmark date is evident on
the mailing, it is presumed to have been mailed 5 days prior to
receipt. 2

     The time limit for filing an exception to an arbitration
award is 30  days beginning on the date the award is served on
the filing party. 5 U.S.C. 7122(b), as amended, 3 and 5
C.F.R. 2425.1, as amended. 4 The date of service is the day when
the matter served is deposited in the U.S. mail or is delivered
in person. 5 C.F.R.