33:0843(105)AR - - INS and AFGE Local 1917 - - 1988 FLRAdec AR - - v33 p843



[ v33 p843 ]
33:0843(105)AR
The decision of the Authority follows:


33 FLRA No. 105

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. IMMIGRATION AND NATURALIZATION SERVICE

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 1917

0-AR-1653

ORDER

December 16, 1988

The Union has filed with the Authority exceptions to the award of Arbitrator John P. Finan 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 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 5 C.F.R. § 2425.1, as amended.(2) The date of service is the day the matter served is deposited in the U.S. mail or is delivered in person. 5 C.F.R. § 2429.27(d). The Arbitrator's award is dated October 25, 1988, and it is presumed to have been served on the parties by mail on that same date. 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. Therefore, in order to be timely filed, any exceptions to Arbitrator Finan'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 November 28, 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) However, the Union's exceptions were filed on December 3, 1988.