12:0007(3)AR - Commander Dobbins AFB, Georgia Department 21, Air Force Plant 06 and AFGE Local 2609 -- 1983 FLRAdec AR



[ v12 p7 ]
12:0007(3)AR
The decision of the Authority follows:


 12 FLRA No. 3
 
 COMMANDER, DOBBINS AIR FORCE BASE,
 GEORGIA DEPARTMENT 21, AIR FORCE
 PLANT 06
 (Activity)
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 2609
 (Union)
 
                                            Case No. O-AR-468
 
                        ORDER DISMISSING EXCEPTIONS
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Nicholas Beedles 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.  /1/ For the
 reasons stated below, the union's exceptions must be dismissed as
 untimely.
 
    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 2429.21 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 time
 limit.
 
    The arbitrator's award in this case, as included in the union's
 submission, is dated May 14, 1982.  Therefore, under the Statute and the
 Authority's Rules and Regulations, the union's exceptions had to be
 filed, i.e., received, no later than the close of business on June 14,
 1982.  However, the exceptions were not filed with the Authority until
 November 22, 1982, or more than five months late.  While the union
 recognizes that its exceptions were filed well beyond the prescribed
 time limit, it in effect requests a waiver of the expired time on
 various grounds.  However, 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 8,
 1983
                                       James J. Shepard, Executive
                                       Director
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ While the union characterizes its submission as exceptions, it
 does not except to the arbitrator's award in whole or in part.  Rather,
 the union's submission appears to concern enforcement or implementation
 of the arbitrator's award.  In this regard, it is well-established that
 the unfair labor practice procedures are the appropriate procedures to
 be used under the Statute for resolution of enforcement disputes.
 Council of District Office Locals, American Fed