24:0680(70)AR - AFGE Local 2004 and New Cumberland Army Depot -- 1986 FLRAdec AR

[ v24 p680 ]
The decision of the Authority follows:

 24 FLRA No. 70
                                            Case No. 0-AR-1270
                        ORDER DISMISSING EXCEPTIONS
    This case is before the Authority on exceptions to the award of
 Arbitrator Walter J. Gershenfeld 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 reason stated below, it has been determined that the exceptions
 must be dismissed as untimely filed.
    The Arbitrator's award is dated October 22, 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/ 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, that is, received in
 the national office of the Authority not later than the close of
 business on November 25, 1986.  However, the exceptions were not filed
 with the Authority at its national office in Washington, D.C., until
 November 26, 1986.
    Accordingly, as the Activity's exceptions were untimely filed, they
 are hereby dismissed.
    For the Authority.
    Issued, Washington, D.C., December 19, 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).