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25:0382(28)AR - Naval Air Rework Facility, Norfolk, Virginia And IAM Local Lodge 39 -- 1987 FLRAdec AR

[ v25 p382 ]
The decision of the Authority follows:

 25 FLRA No. 28
                                            Case No. 0-AR-1285
                        ORDER DISMISSING EXCEPTIONS
    This case is before the Authority on exceptions to the award of
 Arbitrator Ira F. Jaffe 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 November 15, 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 2429.2l 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 December 22, 1986.  However, the
 exceptions were not filed with the Authority at its national office
 until December 29, 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 December 11, 1986.  The Atlanta Regional
 Office received them on December 18, 1986, and forwarded the exceptions
 on December 23, 1986.  However, they were not received by the
 Authority's national office until December 29, 1986.  Therefore, the
 exceptions were untimely filed.  /3/
    Accordingly, as the Union's exceptions were untimely filed, they are
 hereby dismissed.
    For the Authority.
    Issued, Washington, D.C., January 30, 1987.
                                       /s/ Harold D. Kessler
                                       Director of Case Management
                ---------------  FOOTNOTES$ ---------------
    (1) Section 7112(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
 servied on the filing party.
    (2) 49 Fed. Reg. 22623 (1984).
    (3) While the Union did mail the exceptions on December 11, 1986,
 presumably in sufficient time to be timely received, however, exceptions
 to an arbitrator's award cannot be filed at a Regional Office.  Since
 the inception of the Authority in 1979, applicable regulations have
 required that exceptions to arbitration awards filed with the Authority
 be filed at the National Office.  See The Panama Canal Commission and
 Maritime Metal Trades Council, AFL-CIO, 21 FLRA No. 38, n.5 (1986);
 request for reconsideration denied April 16 1986.