53:1182(96)AR - - NAGE, Local R1-109 and VA Medical Center, Newington, CT - - 1998 FLRAdec AR - - v53 p1182
[ v53 p1182 ]
The decision of the Authority follows:
53 FLRA No. 96
FEDERAL LABOR RELATIONS AUTHORITY
NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES
U.S. DEPARTMENT OF VETERANS AFFAIRS
January 23, 1998
Before the Authority: Phyllis N. Segal, Chair; Donald S. Wasserman and Dale Cabaniss, Members.
This matter is before the Authority on exceptions to a supplemental award of Arbitrator David P. Twomey filed by the Union under section 7122(a) of the Federal Service Labor-Management Relations Statute (the Statute) and part 2425 of the Authority's Regulations. The Agency filed an opposition to the Union's exceptions.(*)
Under section 7122(a) of the Statute, an award is deficient if it is contrary to any law, rule, or regulation; or is deficient on other grounds similar to those applied by Federal courts in private sector labor-management relations. Upon careful consideration of the entire record in this case, the Authority concludes that the award is not deficient on any of the grounds raised in the exceptions and set forth in section 7122(a).
Accordingly, the Union's exceptions are denied.
(If blank, the decision does not have footnotes.)
*/ The Agency asserts that the Union's exceptions should be dismissed for failure to comply with the requirements of section 2429.27(a)-(c) of the Authority's Regulations because: (1) the exceptions were served by regular mail; (2) the statement of service was not signed; and (3) the statement of service did not specify the manner of service. However, we find that the Agency has not been prejudiced by the Union's manner of service because it concedes that the Union served it with a copy of the exceptions and it filed a timely opposition to the exceptions. Moreover, the Union filed a corrected statement of service with the Authority. Therefore, we find that the Union's exceptions are properly before the Authority. See, e.g., American Federation of Government Employees, Local 2006 and Social Security Administration, Philadelphia, Pennsylvania, 52 FLRA 380, 384 (1996); see also U.S. Department of the Navy, Naval Audit Service, Southeast Region and National Federation of Federal Employees, 44 FLRA 717 n.1 (1992) (failure to provide opposing party with statement of service was not a basis for dismissing application for review); Internal Revenue Service, Washington, D.C., 39 FLRA 1568, 1572-73 (1991) (failure to specify manner of service did not warrant dismissal of exceptions) vacated as to other matters, 963 F.2d 429 (D.C. Cir. 1992), remand