42 FLRA No. 21

FEDERAL LABOR RELATIONS AUTHORITY
WASHINGTON, D.C.

	     

U.S. DEPARTMENT OF THE NAVY
MARINE CORPS SUPPORT ACTIVITY
KANSAS CITY, MISSOURI
(Agency)

 and

AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES
LOCAL 2904
(Union)

0-AR-2132

	     

ORDER DISMISSING EXCEPTIONS

September 20, 1991

On August 16, 1991, the Authority issued an Order directing the Union to show cause why its exceptions to the award of Arbitrator Frank J. Murphy in the above-captioned case should not be dismissed for failure to timely respond to the Authority's July 12, l991, Order. The Union filed a timely response to the Authority's August 16, 1991 Order. However, for the reasons set out below, the Union's petition for review must be dismissed.

On July 12, 1991, the Authority issued an Order directing the Union to cure deficiencies in its exceptions by providing the Authority with certain information. The Authority's July 12, l991 Order stated that the Union's submission must be filed by July 24, l991, and that failure to comply with the Order may result in dismissal of the Union's exceptions. The Union's response was filed in two separate packages. The first package was filed (postmarked) on July 25, 1991, by first class mail. The second package was filed (postmarked) on July 26, 1991, by certified mail.

The Union asserts that although the first package is postmarked July 25, its response was mailed on the evening of July 24. The Union did not provide a postal receipt to support its assertion, however. The Union confirms, with  copies of postal receipts, that the second package was mailed on July 26, 1991, by certified mail.

Section 2429.27(b) of the Authority's Regulations provides that a return post office receipt or other written receipt executed by the party or person served shall constitute proof of service. The Union's assertion that it filed its response with the Post Office on July 24, l991, does not constitute proof of service pursuant to section 2429.27(b). See U.S. Department of the Army, Headquarters, XVIII Airborne Corps, Fort Bragg, North Carolina and American Federation of Government Employees, Local 1770, 37 FLRA 877 (1990).

The Union has failed to provide proof, within the meaning of the Authority's Regulations, to support its assertion that it timely filed its response on July 24, l991.*/

Accordingly, as the Union has failed to timely respond to the Authority's July 12, l991 Order, the Union's exceptions are dismissed.

For the Authority.

________________________________
Alicia N. Columna Director,
Case Control Office

*/ In addition, the Union did not comply with the Authority's Order to serve the Agency with a copy of its exceptions until July 26, l991, 2 days after the deadline established in the Authority's Order. See Postal receipts; Union response dated 22, August, 1991.