32 FLRA No. 145

OKLAHOMA CITY AIR LOGISTICS CENTER

TINKER AIR FORCE BASE, OKLAHOMA

Activity

and

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, LOCAL NO. 916

Union

 Case No. 0-AR-1581

The Union has filed exceptions to the award of Arbitrator Preston J. Moore pursuant to 5 U.S.C. § 7122(a) and 5 C.F.R. § 2425.1. The Union's exceptions are untimely and are dismissed.

The Arbitrator's award is dated June 6, 1988, and appears to have been served on the parties by mail on the same day.

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 when the matter served is deposited in the U.S. mail or is delivered in person. 5 C.F.R. § 2429.27(d) (1987). Whenever a party is served by mail, 5 days are added to the 30 day period for filing the exception. 5 C.F.R. § 2429.22 (1987). Therefore, in order to be timely filed, any exceptions to Arbitrator Moore's award had to be either mailed to the Authority in Washington, D.C., and postmarked by the U.S. Postal Service no later than July 11, 1988,⁽³⁾ 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.⁽⁴⁾

The Union's exceptions were postmarked on July 12, 1988.

The Union asserts that its exceptions are timely filed because it mailed the exceptions "on the 29th day after our receipt of the arbitrator's award." Contrary to the Union's assertion, the date of receipt is not controlling in this case. As previously indicated, the time limit for filing an exception to an arbitration award begins on the date the award is served on the filing party and not the date of receipt.

Accordingly, the Union's exceptions are dismissed.

For the Authority.

Issued, Washington, D.C.,

________________________
Jacqueline R. Bradley
Executive Director

FOOTNOTES:
(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.

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. The 30th day from the date of service (June 6, 1988) would be July 5, 1988. An additional 5 days for mailing would be July 10, 1988, which is a Sunday. July 11, 1988 is the next workday.

4. 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.