11:0363(73)AR DIGEST HEADINGS STATUTE SUBJECT MATTER INDEX ENTRIES DIGEST NOTES ORDER DISMISSING EXCEPTIONS -- 1983 FLRAdec AR
[ v11 p363 ]
The decision of the Authority follows:
11 FLRA NO. 73
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, NATIONAL COUNCIL OF HUD LOCALS (Union) and DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Activity) Case No. 0-AR-501
This case is before the Authority on exceptions to the award of Arbitrator Herbert Fishgold 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, 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 December 13, 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 January 12, 1983. However, the exceptions were not filed until January 13, 1983. In the 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. [ v11 p363 ]
Accordingly, as the union's exceptions were untimely filed, they are hereby dismissed.
For the Authority. Issued, Washington, D.C., February 18, 1983 James J. Shepard, Executive Director
[ v11 p364 ]