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U.S. Federal Labor Relations Authority

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31:1298(121)AR - Kelly AFB, San Antonio Air Logistics Center and AFGE Council 214 -- 1988 FLRAdec AR

[ v31 p1298 ]
The decision of the Authority follows:

31 FLRA NO. 121
31 FLRA 1298 (1988)

 29 APR 1988




No. 214, AFL-CIO


Case No. 0-AR-1541


     The union has filed with the Authority exceptions to the
award of Arbitrator Edward F. O'Brien pursuant to 5 U.S.C.
7122(a) and 5 C.F.R. 2425.1. The Union's exceptions are untimely
and must be dismissed.

     The Arbitrator's award is dated March 4, 1988. The Union's
exceptions: (1) are dated April 6, 1988; (2) were misdirected to
Region 6 of the Federal Labor Relations Authority in Dallas,
Texas in an envelope postmarked April 7, 1988; 1 (3) were
forwarded to the Authority by the Dallas Region by letter dated
April 13, 1988, which was received April 18, 1988; and (4) were
filed with the Authority on that same date by operation of 5
C.F.R. 2429.21(b), which provides that if no postmark date is
evident on the mailing, it is presumed to have been mailed 5 days
prior to receipt. 2 [PAGE]

     The time limit for filing an exception to an arbitration
award is 30  days beginning on the date the award is served on
the filing party. 5 U.S.C. 7122(b), as amended, 3 and 5 C.F.R.
2425.1, as amended. 4 ate of service is the day when the matter
served is deposited in the U.S. mail or is delivered in person. 5
C.F.R. 2429.27(d) (1987). The Arbitrator's award is dated March
4, 1988, and, in the absence of evidence to the contrary, it is
concluded that the award was served on the parties by mail that
same day. Whenever a party is served by mail, 5 days are added to
the prescribed period for filing the exception. 5 C.F.R. 2429.22
(1987). Therefore, in order to be timely filed, any exceptions to
Arbitrator O'Brien's award had to be either mailed to the
national office of the Authority in Washington, D.C., and
postmarked by the U.S. Postal Service no later than April 11,
1988, or if filed in person, received at the Authority's national
office no later than the close of business that same date. 5
C.F.R. 2429.21(b), as amended. 5 However, the Union's exceptions
were filed on April 13, 1988.

     Accordingly, as the Union's exceptions were untimely filed,
they are dismissed.

     For the Authority.

     Issued, Washington, D.C., April 29, 1988.

Jacqueline R. Bradley
Executive Director


     Footnote 1 It is well established that exceptions to an
Arbitrator's award cannot be filed at a Regional Office, but must
be filed with the Authority at its national office in Washington,
D.C. See The Panama Canal commission and Maritime Metal Trades
Council, AFL-CIO, 21 FLRA  303, 305 at n.5 (1986).

     Footnote 2 A discussion of the method for determining the
date of filing in the absence of a postmark is found in Veterans
Administration, veterans Administration Medical Center, Muskogee,
Oklahoma, 29 FLRA.  51 (1987).

     Footnote 3 Section 7122(b) of 5 U.S.C. was amended by the
Civil Service Miscellaneous Amendments Act of 1983 (pub. L. No.
98-224, SS 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.

     Footnote 4 49 Fed. Reg. 22623 (1984). The amendments to
section 2425.1 of 5 C.F.R. are applicable to exceptions pending
or filed with the Authority on or after March 2, 1984.

     Footnote 5 51 Fed. Reg. 45751 (1986). The amendments to
section 2429.21 of 5 C.F.R. are applicable to exceptions pending
or filed with the Authority on or after December 31, 1986.