Department of the Air Force, Scott Air Force Base, Illinois (Activity) and National Association of Government Employees, Local R7-23 (Union)

 



[ v08 p536 ]
08:0536(104)AR
The decision of the Authority follows:


 8 FLRA No. 104
 
 DEPARTMENT OF THE AIR FORCE,
 SCOTT AIR FORCE BASE, ILLINOIS
 (Activity)
 
 and
 
 NATIONAL ASSOCIATION OF GOVERNMENT
 EMPLOYEES, LOCAL R7-23
 (Union)
 
                                            Case No. O-AR-379
 
                        ORDER DISMISSING EXCEPTIONS
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR MILTON O. TALENT 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 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 THIRTY DAYS BEGINNING ON AND
 INCLUDING THE DATE ON THE AWARD.  ADDITIONALLY, UNDER SECTION 2429.1 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, IS DATED MARCH 22, 1982.  THEREFORE, UNDER THE ABOVE-CITED
 PROVISIONS, THE UNION'S EXCEPTIONS WERE DUE IN THE NATIONAL OFFICE OF
 THE AUTHORITY NO LATER THAN APRIL 20, 1982.  WHILE IT APPEARS THAT THE
 UNION SOUGHT TO ACCOMPLISH TIMELY FILING BY CONTRACTING WITH A
 COMMERCIAL COURIER FOR DELIVERY TO THE AUTHORITY, THE EXCEPTIONS WERE
 NOT DELIVERED TO THE AUTHORITY UNTIL APRIL 21, 1982.  IN THAT REGARD,
 THE AUTHORITY IS NOT EMPOWERED TO WAIVE OR EXTENT THE TIME LIMITS 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., MAY 13, 1982
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR