FLRA.gov

U.S. Federal Labor Relations Authority

Search form

Veterans Administration Hospital, Danville, Illinois (Activity) and American Federation of Government Employees, Local No. 1963, AFL-CIO (Union)



[ v07 p392 ]
07:0392(55)AR
The decision of the Authority follows:


 7 FLRA No. 55
 
 VETERANS ADMINISTRATION HOSPITAL,
 DANVILLE, ILLINOIS
 (Activity)
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL NO. 1963
 (Union)
 
                                            Case No. 0-AR-317
 
                        ORDER DISMISSING EXCEPTIONS
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR PAUL B. GRANT FILED BY THE UNION PURSUANT TO SECTION 7122(A)
 OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C.
 7122(A)) AND SECTION 2425.1 OF THE AUTHORITY'S RULES AND REGULATIONS (5
 C.F.R. 2425.1(1981)).  FOR THE REASONS STATED BELOW, IT HAS BEEN
 DETERMINED THAT THE UNION'S EXCEPTIONS MUST BE DISMISSED AS UNTIMELY
 FILED.
 
    SECTION 2425.1(B) OF THE AUTHORITY'S REGULATIONS PROVIDES THAT THE
 TIME LIMIT FOR FILING AN EXCEPTION TO AN ARBITRATION AWARD IS THIRTY
 DAYS BEGINNING ON AND INCLUDING THE DATE OF THE AWARD.
 
    THE ARBITRATOR'S AWARD IN THIS CASE, AS INCLUDED IN THE UNION'S
 SUBMISSION, IS DATED OCTOBER 6, 1981.  THEREFORE, UNDER SECTION
 2425.1(B) OF THE AUTHORITY'S REGULATIONS, THE UNION'S EXCEPTIONS WERE
 DUE IN THE OFFICE OF THE AUTHORITY NO LATER THAN NOVEMBER 4, 1981.
 HOWEVER, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL
 NOVEMBER 16, 1981.  IN THIS REGARD, THE AUTHORITY IS NOT EMPOWERED TO
 EXTEND OR WAIVE THE TIME LIMIT FOR FILING EXCEPTIONS TO ARBITRATOR'S
 AWARDS.
 
    ACCORDINGLY, AS THE UNION'S EXCEPTIONS WERE UNTIMELY FILED, AND APART
 FROM OTHER CONSIDERATIONS, THE EXCEPTIONS ARE HEREBY DISMISSED.
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., DECEMBER 18, 1981
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR