13:0589(101)AR - Air Force, Warner Robins AFB, GA and AFGE Local 987 -- 1984 FLRAdec AR
[ v13 p589 ]
13:0589(101)AR
The decision of the Authority follows:
13 FLRA No. 101
DEPARTMENT OF THE AIR FORCE,
WARNER ROBINS AIR FORCE BASE, GEORGIA
(Activity)
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 987
(Union)
Case No. O-AR-683
ORDER DISMISSING EXCEPTIONS
This case is before the Authority on exceptions to the award of
Arbitrator Edward L. Harrison 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 November 5, 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 December 5, 1983. However, the exceptions
were not filed until December 6, 1983. 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., January 12, 1984
James J. Shepard, Executive
Director