33:0889(128)AR - - Army, Army Finance and Accounting Center, Indianapolis, IN and AFGE Local 1411 - - 1989 FLRAdec AR - - v33 p889


[ v33 p889 ]
33:0889(128)AR
The decision of the Authority follows:


33 FLRA No. 128

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF THE ARMY

ARMY FINANCE AND ACCOUNTING CENTER

INDIANAPOLIS, INDIANA

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 1411

0-AR-1766

ORDER DISMISSING EXCEPTIONS

August 31, 1989

The American Federation of Government Employees, Local 1411 (Union) has filed exceptions to the award of Arbitrator William H. Leahy in the above-referenced case. On July 24, 1989, the Authority directed the Union to show cause why its exceptions should not be dismissed as untimely filed. The Union has filed a timely response to the Authority's Order. For the reasons set out below, 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).

The Arbitrator's award is dated June 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 no later than July 12, 1989, in order to be considered timely. 5 C.F.R. §§ 2425.1(b), 2429.21(b) and 2429.22. The Union's exceptions were filed (postmarked) on July 13, 1989.

The Union maintains that Saturdays and Sundays should be excluded from computation based on section 2429.21 which excludes intermediate Saturdays, Sundays and Federal holidays "[w]hen the period of time prescribed or allowed is 7 days or less . . . ." The Union's argument cannot be sustained. The exclusion of Saturdays, Sundays and Federal holidays provided in section 2429.21(a) pertains to "prescribed" periods for filing documents with the Authority. The 5-day allowance for service by mail in section 2429.22 of our Regulations is not a prescribed period for filing documents; it is an allowance for mail service. Accordingly, section 2429.21 of our Regulations does not apply to the allowance in section 2429.22.

The Union's exceptions was not timely filed. Accordingly, the Union's exceptions are dismissed.

For the Authority.

____________________________
Clyde B. Blandford, Jr.
Acting Executive Director

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