31:1298(121)AR - Kelly AFB, San Antonio Air Logistics Center and AFGE Council 214 -- 1988 FLRAdec AR
[ v31 p1298 ]
The decision of the Authority follows:
31 FLRA NO. 121 31 FLRA 1298 (1988) 29 APR 1988 KELLY AIR FORCE BASE SAN ANTONIO AIR LOGISTICS CENTER Activity and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFGE COUNCIL No. 214, AFL-CIO Union Case No. 0-AR-1541 ORDER The union has filed with the Authority exceptions to the award of Arbitrator Edward F. O'Brien 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 March 4, 1988. The Union's exceptions: (1) are dated April 6, 1988; (2) were misdirected to Region 6 of the Federal Labor Relations Authority in Dallas, Texas in an envelope postmarked April 7, 1988; 1 (3) were forwarded to the Authority by the Dallas Region by letter dated April 13, 1988, which was received April 18, 1988; and (4) were filed with the Authority on that same date 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 [PAGE] 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 ate 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. 2429.27(d) (1987). The Arbitrator's award is dated March 4, 1988, and, in the absence of evidence to the contrary, it is concluded that the award was served on the parties by mail that same day. Whenever a party is served by mail, 5 days are added to the prescribed period for filing the exception. 5 C.F.R. 2429.22 (1987). Therefore, in order to be timely filed, any exceptions to Arbitrator O'Brien'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 April 11, 1988, or if filed in person, received at the Authority's national office no later than the close of business that same date. 5 C.F.R. 2429.21(b), as amended. 5 However, the Union's exceptions were filed on April 13, 1988. Accordingly, as the Union's exceptions were untimely filed, they are dismissed. For the Authority. Issued, Washington, D.C., April 29, 1988. Jacqueline R. Bradley Executive Director FOOTNOTES Footnote 1 It is well established that exceptions to an Arbitrator's award cannot be filed at a Regional Office, but must be filed with the Authority at its national office in Washington, D.C. See The Panama Canal commission and Maritime Metal Trades Council, AFL-CIO, 21 FLRA 303, 305 at n.5 (1986). Footnote 2 A discussion of the method for determining the date of filing in the absence of a postmark is found in Veterans Administration, veterans Administration Medical Center, Muskogee, Oklahoma, 29 FLRA. 51 (1987). Footnote 3 Section 7122(b) of 5 U.S.C. was amended by the Civil Service Miscellaneous Amendments Act of 1983 (pub. L. No. 98-224, SS 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 4 49 Fed. Reg. 22623 (1984). The amendments to section 2425.1 of 5 C.F.R. are applicable to exceptions pending or filed with the Authority on or after March 2, 1984. Footnote 5 51 Fed. Reg. 45751 (1986). The amendments to section 2429.21 of 5 C.F.R. are applicable to exceptions pending or filed with the Authority on or after December 31, 1986.