U.S. Department of Housing and Urban Development, Washington, D.C. and American Federation of Government Employees, Local 476 (Authority decision, September 29, 1992)

Final FLRA decision. The Authority dismisses the union's exceptions to an arbitration award under 5 U.S.C. § 7122(a). 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 decision does not resolve an unfair labor practice.

Plain-English summary

A union at the Department of Housing and Urban Development challenged an arbitrator's award. The arbitrator mailed the award on July 21, 1992, so the Authority calculated August 24 as the last day to file exceptions, including the five extra days allowed for mail service. The union dated its exceptions August 24, but the envelope was postmarked August 25. Because the filing deadline could not be extended or waived, the Authority dismissed the exceptions without reaching their merits.

Decision snapshot

• Authority: Arbitration filing deadlines under 5 C.F.R. §§ 2425.1(b), 2429.22, and 2429.23(d).
• Outcome: Union's exceptions dismissed as untimely.
• Key point: A document dated on the deadline was late when its mailing postmark fell the next day.

Full text (FLRA public release)

[ v45 p1280 ]
45:1280(128)AR

The decision of the Authority follows:

45 FLRA NO. 128

U.S. DEPARTMENT OF HOUSING

AND URBAN DEVELOPMENT

WASHINGTON, D.C.

(Agency)

and

AMERICAN FEDERATION

OF GOVERNMENT EMPLOYEES

LOCAL 476

(Union)

0-AR-2335

ORDER DISMISSING EXCEPTIONS

The Union has filed exceptions to the award of Arbitrator Ira F. Jaffe in the above-captioned case. On September 2, 1992, the Authority directed 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. 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).

The Union has furnished a letter from the Arbitrator dated September 14, 1992, stating that he sent his award in the above-captioned case to the parties by first class mail on July 21, 1992. Accordingly, the 30-day period for filing exceptions to the award began on July 21, 1992 and expired on August 19, 1992. 5 C.F.R. 2425.1(b). Because the award was served by mail, 5 additional days were added to the due date. 5 C.F.R. 2429.22. Therefore, any 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 August 24, 1992, in order to be timely filed. See, e.g., National Federation of Federal Employees, Council of Veterans Administration Locals and U.S. Department of Veterans Affairs, 45 FLRA 38 (1992).

The Union's exceptions, although dated August 24, 1992, were filed (postmarked) on August 25, 1992. The Union has failed to provide any information which would show that its exceptions were timely filed.

The Union's exceptions were not filed within the prescribed time limit. As the time limit for filing exceptions may not be extended or waived by the Authority, the Union's exceptions are dismissed.

For the Authority.

Alicia N. Columna
Director,