Department of Health and Human Services, Social Security Administration, Field Assessment Office (Activity) and American Federation of Government Employees, Local 1501, AFL-CIO (Union)

 



[ v08 p401 ]
08:0401(84)AR
The decision of the Authority follows:


 8 FLRA No. 84
 
 DEPARTMENT OF HEALTH AND HUMAN SERVICES,
 SOCIAL SECURITY ADMINISTRATION,
 FIELD ASSESSMENT OFFICE
 (Activity)
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 1501, AFL-CIO
 (Union)
 
                                            Case No. O-AR-369
 
                        ORDER DISMISSING EXCEPTIONS
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR R.A. SUTERMEISTER 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.
 
    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 UNION'S
 SUBMISSION, IS DATED MARCH 3, 1982.  THERFORE, UNDER THE ABOVE-CITED
 PROVISIONS OF THE STATUTE AND THE AUTHORITY'S RULES AND REGULATIONS, THE
 UNION'S EXCEPTIONS HAD TO BE FILED WITH THE AUTHORITY, I.E., RECEIVED,
 NO LATER THAN THE CLOSE OF BUSINESS ON APRIL 1, 1982.  HOWEVER, THE
 EXCEPTIONS WERE NOT FILED UNTIL APRIL 5, 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 UNION'S EXCEPTIONS WERE UNTIMELY FILED, THEY ARE
 HEREBY DISMISSED.
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., APRIL 30, 1982
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR