12:0007(3)AR - Commander Dobbins AFB, Georgia Department 21, Air Force Plant 06 and AFGE Local 2609 -- 1983 FLRAdec AR
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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 Federation of Government Employees, San Francisco Region, AFL-CIO, 5 FLRA No. 100 (1981). Consequently, such matters are not appropriate for resolution under section 7122(a) of the Statute.