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17:0181(27)AR - San Antonio Air Logistics Center, Kelly AFB, TX and AFGE Local 1617 -- 1985 FLRAdec AR

[ v17 p181 ]
The decision of the Authority follows:

 17 FLRA No. 27
                                            Case No. O-AR-935
                        ORDER DISMISSING EXCEPTIONS
    This case is before the Authority on exceptions to the award of
 Arbitrator Barry J. Baroni 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 award is dated January 20, 1985, and 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 2429.2 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 February 25, 1985.  However, the
 exceptions were not filed with the Authority at its national office in
 Washington, D.C., until March 4, 1985.
    In its exception dated February 26, 1985, the Union states that it
 "hereby files an exception to the Award . . . , issue(d) on 20 January
 1985 and received on 28 January 1985." Inasmuch as the period for filing
 exceptions to the Arbitrator's award began on the date the award was
 served on the filing party, that is, deposited in the mail (see section
 2429.27(d) of the Authority's Rules and Regulations), and not on the
 date the award was received by that party, the Union's exceptions were
 untimely filed.
    Accordingly, the Union's exceptions are hereby dismissed.  For the
 Authority.  Issued, Washington, D.C., March 11, 1985
                                       Harold D. Kessler,
                                       Managing Director for Case
 --------------- FOOTNOTES$ ---------------
    /1/ Section 7122(b) of the Statute was amended by the Civil Service
 Miscellaneous Amendments Act of 1983 (Pub. L. No. 98-224, Sec. 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).