31:1108(90)AR - VA Medical Center, Gainesville, FL and AFGE Local 2779 -- 1988 FLRAdec AR
[ v31 p1108 ]
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.