45:0794(70)AR - - AFGE Local 1857 and Air Force, Air Logistics Command, McClellan AFB, CA - - 1992 FLRAdec AR - - v45 p794
[ v45 p794 ]
The decision of the Authority follows:
45 FLRA No. 70
The Union has filed exceptions to the award of Arbitrator William H. Shea in the above-captioned case. On June 29, 1992, the Authority issued an Order directing 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 to show cause. The Agency has filed an opposition to the Union's exceptions. For the reasons set forth 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 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 May 12, 1992. 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 June 15, 1992, in order to be considered timely. 5 C.F.R. §§ 2425.1(b), 2429.21(b)