12:0713(136)AR - Medical Center For Federal Prisoners and AFGE Local 1612 -- 1983 FLRAdec AR
[ v12 p713 ]
The decision of the Authority follows:
12 FLRA No. 136 U.S. MEDICAL CENTER FOR FEDERAL PRISONERS (Activity) and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1612 (Union) Case No. O-AR-581 ORDER DISMISSING EXCEPTIONS This case is before the Authority on exceptions to the award of Arbitrator Timothy J. Heinsz filed on behalf of the union pursuant to section 7122(a) of the Federal Service Labor-Management Relations Statute (5 U.S.C. 7101 et seq.) and section 2425.1 of the Authority's Rules and Regulations (5 CFR 2425.1 (1983)). 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 May 23, 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 June 21, 1983. However, the exceptions were not filed until June 22, 1983. /1/ 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. Accordingly, as the union's exceptions were untimely filed, they are hereby dismissed. For the Authority. Issued, Washington, D.C., August 31, 1983 James J. Shepard, Executive Director --------------- FOOTNOTES$ --------------- /1/ The union recognizes that its exceptions were filed beyond the June 21, 1983 deadline, but argues that the exceptions should be accepted as timely because: (1) the date of the award should not be included in computing the time period; (2) the exceptions were not received by the union until three days after the date of the award; and (3) five days should be added to the prescribed time period pursuant to section 2429.22 of the Rules and Regulations since the award was served on the union by mail. The union's arguments have been considered and rejected previously by the Authority in like cases as contrary to the Statute and the Authority's Rules and Regulations and well-established precedent and therefore must be rejected in this case. See, e.g., Department of the Army, Headquarters, U.S. Army Materiel and Development Command and National Federation of Federal Employees, Local 1332, 12 FLRA No. 9 (1983), Motion for Reconsideration denied: August 10, 1983; Federal Employees Metal Trades Council, Fort Benning, Georgia and U.S. Army Infantry Center, Fort Benning, Georgia, 6 FLRA No. 83 (1981), Motion for Reconsideration denied: March 31, 1982.