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FEDERAL LABOR RELATIONS AUTHORITY ARBITRATION
APPEAL PROCEDURAL REVIEW CHECKLIST
In order to be timely, an exception to an arbitration award must
be filed (postmarked or delivered in person to the Federal Labor Relations
Authority in Washington, D.C.):
- Within 30 days beginning on the date the award is
served on the filing party. (5
C.F.R. 2425.1(b))
(Example: If the Arbitrator's award is served on
the parties by personal delivery on July 2nd, exceptions to the award must be
filed by July 31st. If July 31st is a weekend or a Federal holiday, the filing
date will be extended to the following workday. Further, if service of the
Arbitrator's award is by mail, 5 days are added to the due date.)
- NOTE: The date of service of the Arbitrator's award is
calculated from the later of the following - in the priority order listed: (1)
postmark on the envelope transmitting the award from the Arbitrator; (2) date
of the Arbitrator's transmittal letter or bill to the parties stating that the
award is attached; or (3) date of the award.
- 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).
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The following checklist may be used in preparing your Exceptions to
the Arbitrator's award. Your exceptions must contain at a minimum the following
listed items:
A complete copy (including all attachments) of the exceptions
must:
- Be served (by certified mail or personal delivery) on all counsel of
record at the arbitration hearing, and on other designated representatives. (5 C.F.R. 2425.1(d) &
2429.27(b))
- Contain a signed and dated statement of service with names and
addresses of parties served, date of service, nature of document served, and
whether by certified mail or personal delivery. (See following example). (5 C.F.R 2429.27(c))
- Contain an original and 4 complete and legible copies of all
documents .(5 C.F.R.
2429.25)
- Be addressed to:
Case Control Office
Federal Labor Relations Authority
Docket Room, Suite 201
1400 K Street, NW.
Washington, D.C. 20424-0001
Example of Statement / Certificate of Service to be used by the
Parties */ in filing exceptions to an arbitration award.
·
STATEMENT OF SERVICE
·
I certify that the attached document(s) in the case of the CASE
CAPTION OF ARBITRATION AWARD were filed with the Case Control Office,
Federal Labor Relations Authority, Washington, D.C., and were sent this day to:
·
Opposing party (Agency or Union)
Arbitration Hearing Principal Representative (Title
and Mailing Address) |
Indicate near each name the
Method of Service (Certified Return Receipt or
Personal Delivery -- Usage of delivery services other
than the U.S. Postal Service is considered Personal
Delivery) |
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--------------------------------------
Date |
-------------------------------------- Name of filing
party |
· |
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-------------------------------------- Signature of party's
representative |
·
*/ Only representatives of the Agency or the Union may file
exceptions to an arbitrator's award interpreting their collective bargaining
agreement. Absent written authorization from a party to an arbitration
proceeding, grievants or other non-parties do not have standing to file
exceptions to the arbitrator's award. (5 C.F.R. 2421.11(4)(ii)).
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