Association of Civilian Technicians and Pennsylvania National Guard (Authority decision, February 10, 1987)

Final FLRA decision. The Authority dismisses exceptions to an arbitration award as untimely. Under 5 U.S.C. § 7123(a)(1), an order involving an arbitral award is generally excluded from judicial review unless it involves an unfair labor practice under 5 U.S.C. § 7116. This order does not decide an unfair labor practice.

Plain-English summary

The Pennsylvania National Guard filed exceptions to an arbitration award issued on December 23, 1986. The Authority calculated that the exceptions had to be mailed and postmarked, or delivered in person, by January 26, 1987. The Guard delivered them in person on January 28. The Authority dismissed the exceptions as untimely without addressing the award's merits.

Decision snapshot

• Authority: Arbitration exception filing period under 5 U.S.C. § 7122(b) and the Authority's filing rules.
• Outcome: Exceptions dismissed as untimely.
• Key point: Personal delivery counted as filing on the day the Authority received the papers.

Full text (FLRA public release)

[ v25 p620 ]

25:0620(49)AR

The decision of the Authority follows:

25 FLRA No. 49

ASSOCIATION OF CIVILIAN TECHNICIANS
Union

and

PENNSYLVANIA NATIONAL GUARD
Activity

Case No. 0-AR-1298

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator Francis X. Quinn filed on behalf of the Activity pursuant to section 7122(a) of the Federal Service Labor-Management Relations Statute and section 2425.1 of the Authority's Rules and Regulations. For the reason stated below, it has been determined that the exceptions must be dismissed as untimely filed.

The Arbitrator's award is dated December 23, 1986, and, in the absence of evidence to the contrary, appears to have been served on the parties by mail on the same day.

Under section 7122(b) of the Statute, as amended, /1/ and section 2425.1 of the Authority's Rules and Regulations, as amended, /2/ section 2429.21 of the rules, as amended, /3/ and section 2429.22 of the rules, any exceptions to the Arbitrator'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 close of business on January 26, 1987 or, if filed in person, received at the Authority's national office no later than that same date if the exceptions are to be timely filed. However, the instant exceptions were filed in person at the Authority's national office on January 28, 1987.

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

For the Authority.

Issued, Washington, D.C., February 10, 1987. Harold D. Kessler Director of Case Management

--------------- FOOTNOTES$ ---------------

(1) Section 7122(b) of the Statute was amended by the Civil Service Miscellaneous Amendments Act of 1983 (Pub. L. No. 98-224, Section 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 the Authority's Rules and Regulations are applicable to exceptions pending or filed with the Authority on or after March 2, 1984.

(3) New subsection 2429.21(b) of the Authority's Rules and Regulations, which amendments are applicable to exceptions pending or filed with the Authority on or after December 31, 1986, provides in pertinent part:

Section 2429.21 Computation of time for filing papers.

. . . . . . .

(b) Except when filing an unfair labor practice charge . . ., a representation petition . . ., and a request for an extension of time . . ., when this subchapter requires the filing of any paper with the Authority . . ., the date of filing shall be determined by the date of mailing indicated by the postmark date. If no postmark date is evident on the mailing, it shall be presumed to have been mailed 5 days prior to receipt. If the filing is by personal delivery, it shall be considered filed on the date it is received by the Authority. . . . 51 Fed. Reg. 45751 (1986)