33:0859(114)AR - - National Gallery of Art and AFGE Local 1831 - - 1989 FLRAdec AR - - v33 p859
[ v33 p859 ]
The decision of the Authority follows:
33 FLRA No. 114
FEDERAL LABOR RELATIONS AUTHORITY
NATIONAL GALLERY OF ART
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
April 11, 1989
The National Gallery of Art (Agency), has filed exceptions to the award of Arbitrator Bernard Cushman in the above-referenced case. By Order dated March 14, 1989, the Authority requested the Agency to show cause why its exceptions should not be dismissed as untimely filed. The Agency did not file a response to the Authority's Order. For the reasons set out below, the Agency's exceptions are untimely and must be dismissed.
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. Absent evidence to the contrary, the date of the arbitration award is presumed to be the date of service of the award. See Oklahoma City Air Logistics Center, Tinker Air Force Base, Oklahoma and American Federation of Government Employees, Local No. 916, 32 FLRA 165, 167 (1988); and U.S. Department of Labor, Mine Safety and Health Administration and National Council of Field Labor Locals, American Federation of Government Employees, 32 FLRA 302, 304 (1988).
The Arbitrator's award is dated January 12, 1989. Presuming that the award was deposited in the U.S. mail on that date, an exception to the award had to be postmarked by the U.S. Postal Service or received in person at the Authority no later than February 15, 1989 to be timely filed. The Agency's exceptions were hand-delivered on February 16, 1989.
The Agency's exceptions were not timely filed and the Agency has not responded to the Authority's Order to Show Cause. Accordingly, the Agency's exceptions are dismissed.
For the Authority.
Clyde B. Blandford, Jr.
Acting Executive Director
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