12:0101(27)AR - VA Hospital, Asheville, NC and Local 446, AFGE -- 1983 FLRAdec AR



[ v12 p101 ]
12:0101(27)AR
The decision of the Authority follows:


 12 FLRA No. 27
 
 VETERANS ADMINISTRATION HOSPITAL,
 ASHEVILLE, NORTH CAROLINA
 (Activity)
 
 and
 
 LOCAL 446, AMERICAN FEDERATION
 OF GOVERNMENT EMPLOYEES, AFL-CIO
 (Union)
 
                                            Case No. O-AR-551
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case is before the Authority on exceptions to the award of
 Arbitrator William G. Haemmel filed on behalf of 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 exceptions 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 April 7, 1983.  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 May 6, 1983.  However, the exceptions were
 not filed until May 9, 1983.  In that regard, and as provided in section
 2429.23(d) of the Rules