33:0883(126)AR - - HUD, Washington, DC and AFGE Local 476 - - 1989 FLRAdec AR - - v33 p883



[ v33 p883 ]
33:0883(126)AR
The decision of the Authority follows:


33 FLRA No. 126

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

WASHINGTON, D.C.

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 476

0-AR-1741

ORDER TO DISMISS

August 4, 1989

The U.S. Department of Housing and Urban Development (Agency) has filed exceptions to the award of Arbitrator Roger P. Kaplan in the above-referenced case. On July 14, 1989, the Authority directed the Agency to show cause why its exceptions should not be dismissed as untimely filed. The Agency has not filed 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 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).

The Arbitrator's award is dated April 19, 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 no later than May 23, 1989, in order to be considered timely. 5 C.F.R. §§ 2425.1(b), 2429.21(b) and 2429.22. However, the Agen