45:1280(128)AR - - AFGE, LOCAL 476 VS HUD, WASHINGTON, D.C - - 1992 FLRAdec AR - - v45 p1280
[ v45 p1280 ]
The decision of the Authority follows:
U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT
OF GOVERNMENT EMPLOYEES
ORDER DISMISSING EXCEPTIONS
The Union has filed exceptions to the award of Arbitrator Ira F. Jaffe in the above-captioned case. On September 2, 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). 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 Union has furnished a letter from the Arbitrator dated September 14, 1992, stating that he sent his award in the above-captioned case to the parties by first class mail on July 21, 1992. Accordingly, the 30-day period for filing exceptions to the award began on July 21, 1992 and expired on August 19, 1992. 5 C.F.R. 2425.1(b). Because 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 August 24, 1992, in order to be timely filed. See, e.g., National Federation of Federal Employees, Council of Veterans Administration Locals and U.S. Department of Veterans Affairs, 45 FLRA 38 (1992).
The Union's exceptions, although dated August 24, 1992, were filed (postmarked) on August 25, 1992. The Union has failed to provide any information which would show that its exceptions were timely filed.
The Union's exceptions were not filed within the prescribed time limit. As the time limit for filing exceptions may not be extended or waived by the Authority, the Union's exceptions are dismissed.