45:0038(5)AR - - NFFE, Council of VA Locals and VA - - 1992 FLRAdec AR - - v45 p38
[ v45 p38 ]
The decision of the Authority follows:
45 FLRA No. 5
FEDERAL LABOR RELATIONS AUTHORITY
NATIONAL FEDERATION OF FEDERAL EMPLOYEES
COUNCIL OF VETERANS ADMINISTRATION LOCALS
U.S. DEPARTMENT OF VETERANS AFFAIRS
ORDER DISMISSING EXCEPTIONS
June 5, 1992
The Union has filed exceptions to the award of Arbitrator James C. Oldham in the above-captioned case. 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). 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).
In the present case, the record indicates that the Arbitrator's award is dated March 31, 1992, and mailed to the parties on April 14, l992, as evidenced by the postmark on the envelope containing the Arbitrator's award. The 30-day period for filing exceptions to the award began on April 14, l992 and expired on May 13, l992. 5 C.F.R. § 2425.1(b). Since the award was served by mail, 5 additional days were added to the due date. 5 C.F.R. § 2429.22. Therefore, any 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 18, 1992, in order to be timely filed.
The Union's exceptions were filed (postmarked) on May 19, 1992.
The Union's exceptions were not timely filed. As the time limit for filing exceptions may not be extended or waived by the Authority, the Union's exceptions are dismissed.
For the Authority.
Alicia N. Columna