32:1233(165)AR - - Labor, Occupational Safety and Health Administration, Region VI, Dallas, TX and AFGE, National Council of Field Labor Locals, Local 2139 - - 1988 FLRAdec AR - - v32 p1233
[ v32 p1233 ]
The decision of the Authority follows:
32 FLRA No. 165
UNITED STATES OF AMERICA
FEDERAL LABOR RELATIONS AUTHORITY
U.S. DEPARTMENT OF LABOR
OCCUPATIONAL SAFETY AND HEALTH
ADMINISTRATION, REGION VI
NATIONAL COUNCIL OF FIELD LABOR
LOCALS, LOCAL 2139, AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES, AFL-CIO
Case No. 0-AR-1589
The Union has filed with the Authority exceptions to the award of Arbitrator Barnett M. Goodstein 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 June 27, 1988. The Arbitrator's bill to the parties for his services is dated June 28, 1988. Because the Arbitrator's bill transmitted the award to the parties, the date of service of the award on the parties is June 28, 1988.
The Union's exceptions, although dated July 12, 1988, were transmitted to the Authority in an envelope postmarked August 16, 1988. The exceptions were received August 18, 1988.
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,(1) and C.F.R. § 2425.1, as amended.(2) 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. § 2429.27(d) (1988). The date of service of the award on the parties is June 28, 1988--the date of the Arbitrator's bill transmitting the award. In the absence of evidence to the contrary, it is concluded that the award was served on the parties by mail. 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 (1988). Therefore, in order to be timely filed, any exceptions to Arbitrator Goodstein'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 August 1, 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.(3) The Union's exceptions were filed on August 16, 1988.
Accordingly, the Union's exceptions are dismissed.
For the Authority.
Issued, Washington, D.C.,
Harold D. Kessler
Director, Information Resources and Research Services
(If blank, the decision does not have footnotes.)
1. Section 7122(b) of 5 U.S.C. 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.
2. 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.
3. 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.