[ v49 p1124 ]
The decision of the Authority follows:
49 FLRA No. 107
FEDERAL LABOR RELATIONS AUTHORITY
U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
SOCIAL SECURITY ADMINISTRATION
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
ORDER DISMISSING EXCEPTIONS
May 27, 1994
The Agency has filed exceptions to the award of Arbitrator Paul J. Fasser, Jr., in the above-captioned case. On May 12, 1994, the Authority directed the Agency to show cause why its exceptions should not be dismissed as untimely filed. The Agency filed a timely response to the Authority's Order, and the Union has filed an opposition to the Agency's exceptions. For the reasons set out below, the Agency'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). Absent evidence to the contrary, the date of the arbitration award is presumed to be the date of service of the award. See Oklahoma City Air Logistics Center, Tinker Air Force Base, Oklahoma and American Federation of Government Employees, Local No. 916, 32 FLRA 165, 167 (1988). 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).
The Arbitrator's award is dated March 30, 1994. Presuming that the award was deposited in the U.S. mail on that date, 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 May 3, 1994, in order to be considered timely. 5 C.F.R. §§ 2425.1(b), 2429.21(b), and 2429.22. The Agency's exceptions were filed (postmarked) with the Authority on May 4, 1994.
The Agency stated in its response that "the unanticipated closing of Federal agencies on April 27, 1994, due to the declaration of a National Holiday created a one day delay on the Agency's part." As the time limit for filing exceptions may not be extended or waived by the Authority, the Agency's exceptions are dismissed.
For the Authority.
Alicia N. Columna
Director, Case Control Office
(If blank, the decision does not have footnotes.)