33:0883(126)AR - - HUD, Washington, DC and AFGE Local 476 - - 1989 FLRAdec AR - - v33 p883
[ v33 p883 ]
The decision of the Authority follows:
33 FLRA No. 126
FEDERAL LABOR RELATIONS AUTHORITY
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
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 Agency's exceptions are dated May 24, 1989. Further, in its statement of service which accompanied the exceptions, the Agency represented that the exceptions were mailed to the Authority on May 24, 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
(If blank, the decision does not have footnotes.)