33:0866(118)AR - - DOD, Defense Logistics Agency, Defense Depot, Memphis, TN and AFGE Local 2501 - - 1989 FLRAdec AR - - v33 p866
[ v33 p866 ]
The decision of the Authority follows:
33 FLRA No. 118
FEDERAL LABOR RELATIONS AUTHORITY
U.S. DEPARTMENT OF DEFENSE
DEFENSE LOGISTICS AGENCY
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
ORDER DISMISSING EXCEPTIONS
June 26, 1989
The American Federation of Government Employees, Local 2501 (Union) has filed exceptions to the award of Arbitrator Paul Barron in the above-referenced case. The Union's exceptions are untimely and must be dismissed.
The time limit for filing exceptions to an arbitration award is 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). 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). If the award is served by mail, 5 days are added to the period for filing exceptions to the award. 5 C.F.R. § 2429.22. The time limit may not be extended or waived by the Authority. 5 C.F.R. § 2429.23(d). All documents filed with the Authority must be filed in the Authority's Docket Room, 500 C Street, SW., Washington, D.C. 20424. 5 C.F.R. § 2429.24(a).
The Arbitrator's award is dated April 8, 1989. Presuming that the award was deposited in the U.S. mail on that date, an exception to the award had to be either postmarked by the U.S. Postal Service or received in person at the Authority's Docket Room no later than May 15, 1989 in order to be considered timely. 5 C.F.R. §§ 2425.1(b), 2429.21(b) and 2429.22.
The Union mailed its exceptions to the Authority's Atlanta Regional Office on May 12, 1989. The Regional Office forwarded the Union's exceptions to the Authority's Docket Room on May 17, 1989. The Union's exceptions were received in the Authority's Docket Room on May 22, 1989.
Exceptions to an arbitrator's award may not be filed in a Regional Office but must be filed in the Authority's Docket Room. 5 C.F.R. § 2429.24(a). See Veterans Administration Medical Center, Gainesville, Florida and American Federation of Government Employees, Local 2779, 31 FLRA 1108 (1988).
Accordingly, as the Union's exceptions were not filed in the Authority's Docket Room within the prescribed time limit, the Union's exceptions are dismissed as untimely filed.
For the Authority.