Timely Exception to an Arbitration Award
In order to be timely, an exception to an arbitration award must be filed (i.e., postmarked, deposited with a commercial delivery service, or delivered in person) with the Office of Case Intake and Publication, Federal Labor Relations Authority in Washington, D.C. within 30 days beginning on the date after the award is served on the filing party. (5 C.F.R. § 2425.2(b)). For example: If the arbitrator's award is served on the parties on May 1, then May 2 is counted as day 1, and May 31 is day 30; an exception filed on May 31 would be timely, and an exception filed on June 1 would be untimely. However, if May 31st is a weekend or a Federal holiday, then the filing date will be extended to the following workday. Further, if service of the Arbitrator's award is by mail or commercial delivery, then 5 days are added to the due date. (5 C.F.R. § 2429.22).
- NOTE: If the award is served by more than one method, then the first method of service is controlling when determining the date of service for purposes of calculating the time limit for calculating exceptions. BUT, if the award is served by e-mail. fax, or personal delivery on one day, and by mail or commercial delivery on the same day, then the excepting party will not receive an additional 5 days under § 2429.22. (5 C.F.R. § 2425.2(c)(5)).
- NOTE FURTHER: The time limit for filing exceptions to an arbitrator's award may not be extended or waived by the Authority. (5 C.F.R. § 2429.23(d)).