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43:0078(7)AR - GENERAL SERVICES ADMINISTRATION REGION 3 and AFGE NATIONAL COUNCIL OF GSA LOCALS COUNCIL 236 -- 1991 FLRAdec AR



[ v43 p78 ]
43:0078(7)AR
The decision of the Authority follows:


43 FLRA NO. 7



                  GENERAL SERVICES ADMINISTRATION
                             REGION 3
                             (Agency)

                                and

           AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
                  NATIONAL COUNCIL OF GSA LOCALS
                            COUNCIL 236
                              (Union)

                             0-AR-2170

ORDER DISMISSING EXCEPTIONS

     The Union has filed exceptions to the award of Arbitrator
Earle William Hockenberry in the above-captioned case. On October
18, 1991, the Authority issued an order directing the Union to
show cause why its exceptions should not be dismissed as untimely
filed. The Union filed a timely response to the Authority's Order
and the Agency filed a motion to dismiss the Union's exceptions.
For the reasons set out below, the Union's exceptions must be
dismissed.

     The time limit for filing exceptions to an arbitration award
is 30  days beginning on the date the award is served on the
filing party. 5 C.F.R. 2425.1(b). The date of service is the date
the arbitration award is deposited in the U.S. mail or is
delivered in person. 5 C.F.R. 2429.27(d). If the award is served
by mail, 5 days are added to the period for filing exceptions to
the award. 5 C.F.R. 2429.22. The time limit may not be extended
or waived by the Authority. 5 C.F.R. 2429.23(d). See U.S.
Department of Housing and Urban Development and American
Federation of Government Employees, AFL - CIO, Local 476, 27 FLRA
852 (1987).

     In its response, the Union provided the Authority with a
copy of the envelope, addressed to the Union, from the
Arbitrator, postmarked August 1, 1991. As the award was 
deposited in the U.S. mail on August 1, 1991, an exception to the
award had to be either postmarked by the U.S. Postal service or
received in person at the Authority no later than September 4,
1991, in order to be considered timely. 5 C.F.R. 2425.1(b),
2429.21(b) and 2429.22. The Union's exceptions were filed
(postmarked) with the Authority on September 6, 1991.

     Accordingly, as the time limit for filing exceptions may not
be extended or waived by the Authority, the Union's exceptions
are dismissed as untimely filed.

For the Authority.

Alicia N. Column
Director, Case Control Office