Although the additional detail concerning the calculation of the period for filing exceptions is useful, it is not complete. One of the problems encountered by overseas organizations, both agencies and unions, has been slow delivery of mailed arbitration awards. Timeliness for parties who are overseas should he be calculated from a receipt rather than a mailing date, and the receipt they can be established by an affidavit or sworn declaration. This approach would avoid the artificial constructs of mailing dates established by case such as INS and AFGE Local 1917, 33 FLRA 885 (1980).

2425.6: Grounds for Review

The Authority should make plain that no exception to be based on an argument or claim not advanced to the arbitrator unless the arbitrator’s award initially injects the basis for the exception.

2425.7 Short Form Decisions

Although much can be said for expedition of the decisional process by the Authority, it must be recognized that Authority decisions on arbitration cases may be subject to further review, for example, by the Equal Employment Opportunity Commission. For that reason, if there is a claim involving violation of one of the civil rights statutes, the disposition of the case should not be subject to a short form decision.

I thank you for the opportunity to provide comment.

Yours very truly,

Peter B. Broida