34:0036(9)AR - U.S. DEPARTMENT OF THE TREASURY, FEDERAL LAW ENFORCEMENT TRAINING CENTER GLYNCO, GEORGIA and AFGE, LOCAL 2002 -- 1989 FLRAdec AR

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