25:0620(49)AR - ACT and Pennsylvania NG -- 1987 FLRAdec AR

 25 FLRA No. 49
 
 ASSOCIATION OF CIVILIAN TECHNICIANS
 Union
 
 and
 
 PENNSYLVANIA NATIONAL GUARD
 Activity
 
                                            Case No. 0-AR-1298
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case is before the Authority on exceptions to the award of
 Arbitrator Francis X. Quinn filed on behalf of 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 December 23, 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/ section
 2429.21 of the rules, as amended, /3/ and section 2429.22 of the rules,
 any exceptions to the Arbitrator's award had to be either mailed to the
 national office of the Authority in Washington, D.C. and postmarked by
 the U.S. Postal Service no later than close of business on January 26,
 1987 or, if filed in person, received at the Authority's national office
 no later than that same date if the exceptions are to be timely filed.
 However, the instant exceptions were filed in person at the Authority's
 national office on January 28, 1987.
 
    Accordingly, as the Activity's exceptions were untimely filed, they
 are hereby dismissed.
 
    For the Authority.
 
    Issued, Washington, D.C., February 10, 1987.
                                       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).  The amendments to section 2425.1 of
 the Authority's Rules and Regulations are applicable to exceptions
 pending or filed with the Authority on or after March 2, 1984.
 
    (3) New subsection 2429.21(b) of the Authority's Rules and
 Regulations, which amendments are applicable to exceptions pending or
 filed with the Authority on or after December 31, 1986, provides in
 pertinent part:
 
          Section 2429.21 Computation of time for filing papers.
 
                       . . . . . . .
 
 
          (b) Except when filing an unfair labor practice charge . . ., a
       representation petition . . ., and a request for an extension of
       time . . ., when this subchapter requires the filing of any paper
       with the Authority . . ., the date of filing shall be determined
       by the date of mailing indicated by the postmark date.  If no
       postmark date is evident on the mailing, it shall be presumed to
       have been mailed 5 days prior to receipt.  If the filing is by
       personal delivery, it shall be considered filed on the date it is
       received by the Authority. . . .  51 Fed. Reg. 45751 (1986)