San Antonio Air Logistics Center, Kelly Air Force Base, Texas (Activity) and American Federation of Government Employees, Local Union 1617 (Union)
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07:0011(4)AR
The decision of the Authority follows:
7 FLRA No. 4 SAN ANTONIO AIR LOGISTICS CENTER, KELLY AIR FORCE BASE, TEXAS (Activity) and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL UNION 1617 (Union) Case No. O-AR-234 ORDER DISMISSING EXCEPTIONS THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF ARBITRATOR JOHN F. CARAWAY FILED ON BEHALF OF THE UNION PURSUANT TO SECTION 7122(A) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE ( U.S.C. 7122(A)) AND SECTION 2425.1 OF THE AUTHORITY'S RULES AND REGULATIONS (5 U.F.R. 2425.1). FOR THE REASONS STATED BELOW, IT HAS BEEN DETERMINED THAT THE UNION'S EXCEPTIONS MUST BE DISMISSED. SECTION 2425.2 OF THE AUTHORITY'S REGULATIONS PROVIDES, IN PERTINENT PART: SEC. 2425.2 CONTENT OF EXCEPTION. AN EXCEPTION MUST BE A DATED, SELF-CONTAINED DOCUMENT WHICH SETS FORTH IN FULL: (A) A STATEMENT OF THE GROUNDS ON WHICH REVIEW IS REQUESTED; (B) EVIDENCE OR RULINGS BEARING ON THE ISSUES BEFORE THE AUTHORITY; (C) ARGUMENTS IN SUPPORT OF THE STATED GROUNDS, TOGETHER WITH SPECIFIC REFERENCE TO THE PERTINENT DOCUMENTS AND CITATIONS OF THE AUTHORITIES . . . THE UNION'S EXCEPTIONS WERE DEFICIENT WHEN FILED IN THAT THE UNION, WHILE STATING AS GROUNDS FOR REVIEW THAT THE AWARD "WAS CONTRARY TO LAW, RULE AND REGULATION," DID NOT PROVIDE ANY ARGUMENT IN SUPPORT OF THAT BARE ASSERTION OR ANY OTHER SUBMISSION IN COMPLIANCE WITH THE REQUIREMENTS OF SECTION 2425.2(B) AND (C) OF THE AUTHORITY'S REGULATIONS. THE UNION ASSURED THE AUTHORITY THAT THE DEFICIENCY WOULD BE CORRECTED WITHIN FIVE DAYS OF THE DATE OF THE EXCEPTIONS. HOWEVER, NO FURTHER SUBMISSION WAS RECEIVED FROM THE UNION WITHIN THE TIME PERIOD NOTED. THUS, SINCE THE UNION FAILED TO PROPERLY COMPLETE ITS EXCEPTIONS IN CONFORMITY WITH THE AUTHORITY'S RULES AND REGULATIONS, THE EXCEPTIONS MUST BE DISMISSED AS PROCEDURALLY DEFICIENT. ACCORDINGLY, THE UNION'S EXCEPTIONS ARE HEREBY DISMISSED. FOR THE AUTHORITY. ISSUED, WASHINGTON, D.C., OCTOBER 8, 1981 JAMES J. SHEPARD, EXECUTIVE DIRECTOR