Veterans Administration Center, Richmond, Virginia (Activity) and American Federation of Government Employees, Local 2145, AFL-CIO (Union)

 



[ v08 p397 ]
08:0397(82)AR
The decision of the Authority follows:


 8 FLRA No. 82
 
 VETERANS ADMINISTRATION CENTER
 RICHMOND, VIRGINIA
 (Activity)
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 2145, AFL-CIO
 (Union)
 
                                            Case No. O-AR-362
 
                        ORDER DISMISSING EXCEPTIONS
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR JAMES P. WHYTE FILED 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 SUBJECT EXCEPTIONS MUST BE DISMISSED AS UNTIMELY FILED.
 
    UNDER SECTION 7122(B) OF THE STATUTE AND SECTION 2425.1(B) OF THE
 AUTHORITY'S RULES AND REGULATIONS THE TIME LIMIT FOR FILING AN EXCEPTION
 TO AN ARBITRATION AWARD IS 30 DAYS BEGINNING ON AND INCLUDING THE DATE
 OF THE AWARD.  ADDITIONALLY, UNDER SECTION 2429.21 OF THE RULES AND
 REGULATIONS, ANY SUCH EXCEPTION MUST BE RECEIVED BY THE AUTHORITY BEFORE
 THE CLOSE OF BUSINESS ON THE LAST DAY OF THE PRESCRIBED TIME LIMIT.
 
    THE ARBITRATOR'S AWARD IN THIS CASE, AS INCLUDED IN THE SUBMISSION
 BEFORE THE AUTHORITY, IS DATED FEBRUARY 4, 1982.  THEREFORE, UNDER THE
 ABOVE-CITED PROVISIONS OF THE STATUTE AND THE AUTHORITY'S RULES AND
 REGULATIONS, ANY EXCEPTIONS TO THE AWARD HAD TO BE FILED WITH THE
 AUTHORITY, I.E., RECEIVED, NO LATER THAN THE CLOSE OF BUSINESS ON MARCH
 5, 1982.  HOWEVER, THE SUBJECT EXCEPTIONS WERE NOT FILED UNTIL MARCH 23,
 1982.  IN THAT REGARD, AND AS PROVIDED IN SECTION 2429.23(D) OF THE
 RULES AND REGULATIONS, THE TIME LIMIT FOR FILING EXCEPTIONS TO AN
 ARBITRATION AWARD MAY NOT BE EXTENDED OR WAIVED BY THE AUTHORITY.
 ACCORDINGLY, AS THE SUBJECT EXCEPTIONS WERE UNTIMELY FILED, AND APART
 FROM OTHER CONSIDERATIONS, /1/ THE EXCEPTIONS ARE HEREBY DISMISSED.
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., APRIL 30, 1982
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR
 
 
 
 
 
 --------------- FOOTNOTES: ---------------
 
 
    /1/ UNDER SECTION 2425.1(A) OF THE AUTHORITY'S RULES AND REGULATIONS,
 ONLY A PARTY TO A PARTICULAR ARBITRATION MAY FILE AN EXCEPTION TO THE
 ARBITRATOR'S WARD.  IN THIS CASE, THE ARBITRATOR'S OPINION AND AWARD
 CLEARLY INDICATE THAT THE PARTIES IN THE ARBITRATION PROCEEDING HERE
 INVOLVED WERE THE ACTIVITY AND THE UNION.  THUS, SINCE IT APPEARS THAT
 THE GRIEVANT, WHO FILED THE INSTANT EXCEPTIONS, DID NOT PARTICIPATE AS A
 "PARTY" IN THE PROCEEDING BEFORE THE ARBITRATOR, IT ALSO APPEARS THAT
 THE GRIEVANT IS WITHOUT STANDING TO FILE THOSE EXCEPTIONS TO THE AWARD. 
 
 
 

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