17:0415(65)AR - SSA and AFGE -- 1985 FLRAdec AR

[ v17 p415 ]
The decision of the Authority follows:

 17 FLRA No. 65
                                            Case No. 0-AR-932
                        ORDER DISMISSING EXCEPTIONS
    This case is before the Authority on exceptions to the award of
 Arbitrator Edwin R. Render 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
 reasons stated below, it has been determined that the exceptions must be
 dismissed as untimely filed.
    The Arbitrator's award is dated January 22, 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 2429.21 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 no
 later than the close of business on February 25, 1985.  However the
 exceptions were not filed until February 26, 1985.  Therefore, the
 exceptions were untimely filed.
    In its exception, the Activity states that " . . . a copy of this
 award was served on the Social Security Administration on January 28,
 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 Activity's exceptions were untimely filed.
    Accordingly, and apart from other considerations, the Activity's
 exceptions are hereby dismissed.  For the Authority.  Issued,
 Washington, D.C., April 4, 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).