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U.S. Federal Labor Relations Authority

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22:0349(33)AR - AFGE and Marine Corps, Camp Lejeune, NC -- 1986 FLRAdec AR

[ v22 p349 ]
The decision of the Authority follows:

 22 FLRA No. 33
                                            Case NO. 0-AR-1166
                        ORDER DISMISSING EXCEPTIONS
    This case is before the Authority on exceptions to the award of
 Arbitrator David A. Singer, Jr. 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 was dated on or about April 23, 1986, 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 May 27, 1986.  However, the
 exceptions were not filed with the Authority at its national office
 until June 6, 1986.  In this regard, the record established that the
 Union mailed the exceptions to the Authority's Atlanta Regional Office
 at its former address on May 22, 1986.  The Atlanta Regional Office
 received them on June 2, 1986, and exercised due diligence in forwarding
 the exceptions that same day.  However, they were not received by the
 Authority's national office until June 6, 1986.  Therefore, the
 exceptions were untimely filed.
    Accordingly, as the Union's exceptions were untimely filed, and apart
 from other considerations, they are hereby dismissed.
    For the Authority.
    Issued, Washington, D.C., June 30, 1986.
                                       /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).