44:1602(123)AR - DOD, DEFENSE LOGISTIC AGENCY, DEFENSE DEPOT MEMPHIS MEMPHIS, TENNESSEE and AFGE LOCAL 2501 -- 1992 FLRAdec AR


[ v44 p1602 ]
24:1602(123)AR
The decision of the Authority follows:


44 FLRA NO. 123
 
U.S. DEPARTMENT OF DEFENSE
DEFENSE LOGISTIC AGENCY
DEFENSE DEPOT MEMPHIS
MEMPHIS, TENNESSEE
(Agency)

and

AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES
LOCAL 2501
(Union)

 0-AR-2277

 29 MAY 1992


ORDER DISMISSING EXCEPTIONS
     The Union has filed exceptions to the award of Arbitrator
Samuel J. Nicholas in the above-captioned case. On May 6, 1992,
the Authority directed the Union to show cause why its exceptions
should not be dismissed as untimely filed. The Union filed a
timely response to the Authority's Order. For the reasons set out
below, the Union's exceptions 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 Federatio