16:0827(115)AR - VA Medical Center, Asheville, NC and AFGE Local 446, Asheville, NC -- 1984 FLRAdec AR

 16 FLRA No. 115
 
 VETERANS ADMINISTRATION MEDICAL CENTER
 ASHEVILLE, NORTH CAROLINA
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 446, ASHEVILLE,
 NORTH CAROLINA
 Union
 
                                            Case No. O-AR-869
 
                        ORDER DISMISSION EXCEPTIONS
 
    This case is before the Authority on exceptions to the award of
 Arbitrator J. Ralph Beaird filed by the Union 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
 reasons stated below, it has been determined that the exceptions must be
 dismissed as untimely filed.
 
    The Arbitrator's otherwise undated award was enclosed with a letter
 dated September 18, 1984, addressed to both parties.  The letter
 transmitted the award and set forth the Arbitrator's charges for the
 award.  It appears that the award was 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 with the Authority not
 later than the close of business on October 22, 1984.  However, the
 exceptions were not filed with the Authority at its National Office in
 Washington, D.C., until November 13, 1984.
 
    In his cover letter dated November 7, 1984, the Union's
 representative noted:  "(T)he Arbitrator made his decision (on)
 September 18, 1984.  And we received a copy from him November 1, 1984."
 In his November 1, 1984, letter to the Union representative, the
 Arbitrator stated that he had enclosed a copy of his September 18, 1984,
 letter regarding FMCS No. 84K/13610, and "Since I have not heard from
 your Local regarding this matter, I have enclosed an additional copy
 just in case you did not receive my original letter." Inasmuch as the
 30-day period for filing exceptions to an arbitrator's award begins on
 the date the award is served on the filing party and not on the date the
 award is received by the filing party, the Union's exceptions were
 untimely filed.
 
    Accordingly, as the Union's exceptions were untimely filed, they are
 hereby dismissed.
 
    For the Authority.
 
    Issued, Washington, D.C., December 13, 1984
                                       /s/ Harold D. Kessler
                                       Harold D. Kessler, Acting
                                       Executive Director/Administrator
 
 
 
 
 
 
 --------------- 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).