50:0538(73)AR - - AFGE, Local 2065 and Navy, Marine Corps - - 1995 FLRAdec AR - - v50 p538



[ v50 p538 ]
50:0538(73)AR
The decision of the Authority follows:


50 FLRA No. 73

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 2065

(Union)

and

U.S. DEPARTMENT OF THE NAVY

U.S. MARINE CORPS

(Agency)

0-AR-2732

ORDER DISMISSING EXCEPTIONS

June 23, 1995

Exceptions have been filed by Mr. Ernest J. Wright to the award of Arbitrator Robert W. Foster in the above-captioned case. On May 24, 1995, the Authority directed Mr. Wright to show cause why his exceptions should not be dismissed for: (1) lack of standing to file exceptions; and (2) filing untimely exceptions. In addition, Mr. Wright was ordered to provide necessary information required by the Authority's Regulations. Mr. Wright filed a timely response to the Authority's May 24 Order.(*) For the reasons set out below, the 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). All documents filed with the Authority must be filed in the Docket Room of the Authority's Case Control Office, 607 14th Street, NW., Washington, D.C. 20424-0001. 5 C.F.R. § 2429.24(a).

Included with his response to the Authority, Mr. Wright furnished the envelope, postmarked April 10, l995, in which the award was mailed to him by the Arbitrator. Mr. Wright has established that the date of service of the Arbitrator's award was April 10, 19