U.S. Department of the Treasury, Federal Law Enforcement Training Center, Glynco, Georgia and American Federation of Government Employees, Local 2002 (Authority decision, December 22, 1989)

Final FLRA decision. The Authority dismissed the union's arbitration exceptions as untimely under its filing rules. The arbitration award remains in place. Judicial review under 5 U.S.C. § 7123(a) generally does not extend to an order involving an arbitral award unless the order involves an unfair labor practice under 5 U.S.C. § 7116.

Plain-English summary

AFGE Local 2002 mailed exceptions to an October 17 arbitration award to the Authority's Atlanta Regional Office. Although the union sent them before the November 20 deadline, the rules required filing in the Authority's Washington Docket Room, which received them on November 30. The Authority dismissed the exceptions as untimely without reviewing the award.

Decision snapshot

• Authority: Filing deadline and designated Docket Room under former 5 C.F.R. §§ 2425.1(b), 2429.22, 2429.23(d), and 2429.24(a).
• Outcome: Union's exceptions dismissed as untimely.
• Key point: Mailing exceptions to a regional office did not constitute timely filing in the required Docket Room.

Full text (FLRA public release)

[ v34 p36 ]

34:0036(9)AR

The decision of the Authority follows:

34 FLRA NO. 9

U.S. DEPARTMENT OF THE TREASURY
FEDERAL LAW ENFORCEMENT TRAINING CENTER GLYNCO, GEORGIA

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES LOCAL 2002

0-AR-1838

ORDER DISMISSING EXCEPTIONS

December 22, 1989

The American Federation of Government Employees, Local 2002 (Union) has filed exceptions to the award of Arbitrator Marvin A. Griffin in the above-referenced case. The Union's exceptions are untimely and 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). All documents filed with the Authority must be filed in the Authority Docket Room, 500 C Street, SW., Washington, D.C. 20424. 5 C.F.R 2429.24(a).

The Arbitrator's award is dated October 17, 1989. Presuming that the award was deposited in the U.S. mail on the date, an exception to the award had to be either postmarked by the U.S. Postal Service or received in person at the Authority's Docket Room no later than November 20, 1989, in order to be considered timely. 5 C.F.R. 2425.1(b), 2429.21(b) and 2429.22.

The Union mailed its exceptions to the Authority's Atlanta Regional Office on November 17, 1989. The Regional Office received and forwarded the Union's exceptions to the Authority's Docket Room on November 27, 1989. The Union's exceptions were received in the Authority's Docket Room on November 30, 1989.

Exceptions to an arbitrator's award may not be filed in a Regional Office but must be filed in the Authority's Docket Room. 5 C.F.R 2429.24(a). See U.S. Department of Defense, Defense Logistics Agency, Defense Depot, Memphis, Tennessee and American Federation of Government Employees, Local 2501, 33 FLRA 866 (1989).

Accordingly, as the Union's exceptions were not filed in the Authority's Docket Room within the prescribed time limit, the Union's exceptions are dismissed as untimely filed.

For the Authority.

Clyde B. Blandford, Jr.
Acting Executive Director