11:0280(60)AR - IFPTE Local 28 and Lewis Research Center, NASA, Cleveland, OH -- 1983 FLRAdec AR
[ v11 p280 ]
The decision of the Authority follows:
11 FLRA No. 60 INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL ENGINEERS, LOCAL 28, AFL-CIO (Union) and LEWIS RESEARCH CENTER, NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, CLEVELAND, OHIO (Activity) Case No. O-AR-494 ORDER DISMISSING EXCEPTIONS This case is before the Authority on exceptions to the award of Arbitrator Richard H. Siegel 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. The activity filed an opposition in which it contends, among other things, that the union's exceptions are untimely. 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 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 November 23, 1982. Therefore, under the Statute and the Authority's Rules and Regulations, the union's exceptions had to be filed, i.e., received in the national office of the Authority no later than the close of business on December 22, 1982. However, the exceptions were not filed until January 4, 1983. 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. /1/ Accordingly, as the union's exceptions were untimely filed, they are hereby dismissed. For the Authority. Issued, Washington, D.C., February 9, 1983 James J. Shepard, Executive Director --------------- FOOTNOTES$ --------------- /1/ In its exceptions, the union alleges that the arbitration award was not mailed to the union until December 2, 1982. However, even if that date were considered to be the "date of the award," the union's exceptions would have been due no later than January 3, 1983, and would have been untimely.