33:0855(112)AR - - Army, Aberdeen Proving Ground and IAM, Local Lodge 2424 - - 1989 FLRAdec AR - - v33 p855
[ v33 p855 ]
The decision of the Authority follows:
33 FLRA No. 112
FEDERAL LABOR RELATIONS AUTHORITY
U.S. DEPARTMENT OF THE ARMY
ABERDEEN PROVING GROUND
INTERNATIONAL ASSOCIATION OF MACHINISTS
AND AEROSPACE WORKERS
LOCAL LODGE NO. 2424
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 Government Employees, AFL-CIO, Local 3148, 25 FLRA 102 (1986) and American Federation of Government Employees, Local 1960 and Department of the Navy Development Center, 29 FLRA 680 (1987).
In the present case, the Arbitrator's award is dated December 4, 1988. The award was mailed to the parties on December 6, 1988. The 30-day period for filing exceptions to the award began on December 6, 1988 and expired on January 4, 1989. Since the due date did not fall on a weekend or holiday no further allowance was required. Because the award was served by mail, 5 additional days were added to the due date. Therefore, the Agency's exceptions to the award had to be postmarked by the U.S. Postal Service or received in person at the Authority no later than January 9, 1989 to be timely filed. The Agency's exceptions were postmarked on January 10, 1989. Therefore, the Agency's exceptions are untimely.
Accordingly, the Agency's exceptions are dismissed.
For the Authority.
Clyde B. Blandford, Jr.
Acting Executive Director