25:0340(22)AR - Warner Robins Air Logistics Center, Air Force and AFGE Local 987 -- 1987 FLRAdec AR

 25 FLRA No. 22
 
 WARNER ROBINS AIR LOGISTICS CENTER
 DEPARTMENT OF THE AIR FORCE
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 987
 Union
 
                                            Case No. 0-AR-1255
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case is before the Authority on exceptions to the award of
 Arbitrator J. Ralph Beaird filed by the Activity pursuant to section
 7122(a) of the Federal Service Labor-Management Relations Statute and
 section 2425.1 of the Authority's Rules and Regulations.  For the reason
 stated below, it has been determined that the exceptions must be
 dismissed as untimely filed.
 
    The Arbitrator's award is dated September 11, 1986, and, in the
 absence of evidence to the contrary, appears to have been served on the
 parties by mail on the same day.
 
    Under section 7122(b) of the Statute, as amended, /1/ and section
 2425.1 of the Authority's Rules and Regulations, as amended, /2/ which
 amendments are applicable to exceptions pending or filed with the
 Authority on or after March, 2, 1984, and under sections 2429.21 and
 2429.22 of the Rules and Regulations, which are also applicable to
 computation of the time limit here involved, any exceptions to the
 Arbitrator's award in this case had to be filed, that is, received in
 the national office of the Authority not later than the close of
 business on October 15, 1986.  However, the exceptions were not filed
 with the Authority at its national office in Washington, D.C., until
 October 27, 1986.
 
    Accordingly, as the Activity's exceptions were untimely filed, they
 are hereby dismissed.
 
    For the Authority.
 
    Issued, Washington, D.C., January 21, 1987.
                                       /s/ Harold D. Kessler
                                       Director of Case Management
 
 
                ---------------  FOOTNOTES$ ---------------
 
 
 
    (1) Section 7122(b) of the Statute was amended by the Civil Service
 Miscellaneous Amendments Act of 1983 (Pub. L. No. 98-224, Section 4, 98
 Stat. 47, 48 (1984) to provide that the 30-day period for filing
 exceptions to an arbitrator's award begins on the date the award is
 served on the filing party.
 
    (2) 49 Fed. Reg. 22623 (1984).