American Federation of Government Employees, Local 2401 (Union) and United States Department of Veterans Affairs, Northern Arizona Veterans Administration Health Care System, Prescott, Arizona (Agency)
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58 FLRA No. 1
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2401
DEPARTMENT OF VETERANS AFFAIRS
NORTHERN ARIZONA VETERANS
ADMINISTRATION HEALTH CARE SYSTEM
August 2, 2002
Before the Authority: Dale Cabaniss, Chairman, and
Carol Waller Pope and Tony Armendariz, Members
This matter is before the Authority on exceptions to two awards of Arbitrator Harold C. White filed by the Union under § 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.
We find that the exceptions to the Arbitrator's February 1, 2002 award are untimely filed. In this connection, assuming that the award was served by mail on the Union on February 1, any exceptions had to be postmarked no later than March 11, 2002. 5 C.F.R. §§ 2425.1(b), 2429.21(b), 2429.22, 2429.24(e) & 2429.27(d). Because the exceptions were postmarked March 18, they are untimely filed. Although the Union submits evidence that it did not receive the award until February 25, it is the date of service -- not the date of receipt -- that controls in determining the timeliness of exceptions. See United States Dep't of Labor, Wash., D.C., 35 FLRA 920, 921 (1990). Accordingly, we dismiss the exceptions to the February 1, 2002 award.
However, contrary to the Agency's argument, we find that the exceptions are timely filed to the extent that they challenge the February 8, 2002 award. In this regard, assuming that the February 8 award was served on the Union by mail on February 8, any exceptions to the award would be considered timely if they were postmarked no later than March 18, 2002. 5 C.F.R. §§ 2425.1(b), 2429.21(b), 2429.22, 2429.24(e) & 2429.27(d). Because the Union's exceptions were postmarked March 18, they are timely filed to the extent that they challenge the February 8 award.
With regard to the merits of the