[ v10 p165 ]
10:0165(34)AR
The decision of the Authority follows:
10 FLRA No. 34 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 1617 (Union) and SAN ANTONIO AIR LOGISTICS COMMAND, KELLY AIR FORCE BASE, TEXAS (Activity) Case No. O-AR-402 ORDER DISMISSION EXCEPTIONS THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF ARBITRATOR HAROLD R. AINSWORTH FILED BY THE UNION PURSUANT TO SECTION 7122(A) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE AND SECTION 2425.1 OF THE AUTHORITY'S RULES AND REGULATIONS. FOR THE REASONS STATED BELOW, THE UNION'S EXCEPTIONS MUST BE DISMISSED AS UNTIMELY. UNDER SECTION 7122(B) OF THE STATUTE AND SECTION 2425.1(B) OF THE RULES AND REGULATIONS, THE TIME LIMIT FOR FILING AN EXCEPTION TO AN ARBITRATION AWARD IS THIRTY DAYS BEGINNING ON AND INCLUDING THE DATE ON THE AWARD. ADDITIONALLY, UNDER SECTION 2429.21 OF THE RULES AND REGULATIONS, WHENEVER THE REGULATIONS REQUIRE THE FILING OF A DOCUMENT, SUCH DOCUMENT MUST BE RECEIVED BY THE AUTHORITY BEFORE THE CLOSE OF BUSINESS ON THE LAST DAY OF THE TIME LIMIT. THE ARBITRATOR'S AWARD IN THIS CASE, AS INCLUDED IN THE UNION'S SUBMISSION, WAS DATED APRIL 20, 1982. /1/ THEREFORE, UNDER THE ABOVE-CITED PROVISIONS, THE UNION'S EXCEPTIONS WERE DUE IN THE NATIONAL OFFICE OF THE AUTHORITY BEFORE THE CLOSE OF BUSINESS ON MAY 19, 1982. HOWEVER, THE UNION'S EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL JUNE 16, 1982. IN THAT REGARD, THE AUTHORITY IS NOT EMPOWERED TO WAIVE OR EXTEND THE TIME LIMIT FOR FILING EXCEPTIONS TO ARBITRATION AWARDS. ACCORDINGLY, AS THE UNION'S EXCEPTIONS WERE UNTIMELY FILED, THE EXCEPTIONS ARE HEREBY DISMISSED. FOR THE AUTHORITY. ISSUED, WASHINGTON, D.C., SEPTEMBER 30, 1982 JAMES J. SHEPARD, EXECUTIVE DIRECTOR --------------- FOOTNOTES$ --------------- /1/ ALTHOUGH THE AWARD ITSELF WAS NOT DATED, EVIDENCE SUBMITTED BY THE ACTIVITY AND UNREFUTED BY THE UNION SHOWED THE DATE AS APRIL 20, 1982.