33:0855(112)AR - - Army, Aberdeen Proving Ground and IAM, Local Lodge 2424 - - 1989 FLRAdec AR - - v33 p855



[ v33 p855 ]
33:0855(112)AR
The decision of the Authority follows:


33 FLRA No. 112

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF THE ARMY

ABERDEEN PROVING GROUND

and

INTERNATIONAL ASSOCIATION OF MACHINISTS

AND AEROSPACE WORKERS

LOCAL LODGE NO. 2424

0-AR-1677

ORDER

March 21, 1989

The Department of the Army, Aberdeen Proving Ground (Agency), has filed exceptions to the award of Arbitrator Peter A. Veglahn in the above-referenced case. The Agency's exceptions are untimely and must be dismissed.

On February 16, 1989, the Authority issued an Order directing the Agency to provide proof of service of the Arbitrator's award. The Agency filed its response on February 22, 1989 and enclosed a copy of the postmarked envelope from the Arbitrator.

The time limit for filing an exception to an arbitration award is "thirty (30) days beginning on the date the award is served on the filing party." 5 C.F.R. § 2425.1(b). The date of service is the date the arbitration award is deposited in the U.S. mail or is delivered in person. 5 C.F.R. § 2429.27(d). If the arbitration award is served by mail, 5 days are added to the 30-day period for filing exceptions. 5 C.F.R. § 2429.22.

The 30 days are first calculated with due allowance for weekends and holidays as required by 5 C.F.R. § 2429.21. Once this due date is determined, the 5 additional days for service by mail are added. See United States Department of Justice, Bureau of Prisons, Metropolitan Correctional Center, New York, New York and American Federation of