[ v33 p843 ]
The decision of the Authority follows:
33 FLRA No. 105
FEDERAL LABOR RELATIONS AUTHORITY
U.S. IMMIGRATION AND NATURALIZATION SERVICE
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
December 16, 1988
The Union has filed with the Authority exceptions to the award of Arbitrator John P. Finan 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 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,(1) and 5 C.F.R. § 2425.1, as amended.(2) The date of service is the day the matter served is deposited in the U.S. mail or is delivered in person. 5 C.F.R. § 2429.27(d). The Arbitrator's award is dated October 25, 1988, and it is presumed to have been served on the parties by mail on that same date. 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. Therefore, in order to be timely filed, any exceptions to Arbitrator Finan'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 November 28, 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.(3) However, the Union's exceptions were filed on December 3, 1988.
Accordingly, the Union's exceptions are dismissed.
For the Authority.
Clyde B. Blandford, Jr.
Acting Executive Director
(If blank, the decision does not have footnotes.)
1. Section 7122(b) of 5 U.S.C. was amended by the Civil Service Miscellaneous Amendments Act of 1983 (Pub. L. No. 98-224, § 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. 5 C.F.R. § 2425.1, as amended.
2. 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.
3. 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.