15:0181(28)AR - Portsmouth Naval Shipyard and FEMT Council -- 1984 FLRAdec AR

[ v15 p181 ]
The decision of the Authority follows:

 15 FLRA No. 28
                                            Case No. O-AR-657
                        ORDER DISMISSING EXCEPTIONS
    This case is before the Authority on exceptions to the award of
 Arbitrator John P. McCrory separately filed on behalf of the Activity
 and 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 exceptions of both parties must be dismissed as
 untimely filed.
    The Arbitrator's award in this case is dated July 28, 1983, and
 appears to have been served on the parties by mail on the same date.  In
 the award, the Arbitrator retained jurisdiction "for a period of 90 days
 to resolve any issue which may arise with respect to this award." The
 Activity submitted two requests for clarification and the Union
 submitted one such request to the Arbitrator within the 90-day period.
 On October 21, 1983, while those requests were pending before the
 Arbitrator, the Activity filed its exceptions to the award with the
 Authority.  On October 25 and 26, 1983, the Arbitrator responded to the
 parties' requests for clarification, essentially reiterating
 determinations set forth in his July 28 award.  The Union filed its
 exceptions to that award with the Authority on November 23, 1983.  The
 Activity renewed its exceptions by submissions of November 9 and 25,
    Under section 7122(b) of the Statute, as amended, /1/ and section
 2425.1(b) of the Authority's Rules and Regulations, as amended, /2/
 which amendments are applicable to exceptions to arbitration awards
 pending or filed with the Authority on or after March 2, 1984, and under
 sections 2429.21 and 2429.22 of the Rules and Regulations, which are
 also applicable to computation of the time limit here involved, any
 exceptions to the Arbitrator's award of July 28 had to be filed with the
 Authority by the close of business on August 31, 1983.  Thus, it
 immediately and clearly appears that the exceptions filed by the
 Activity on October 21, 1983, and by the Union on November 23, 1983, are
 untimely.  Indeed, the Union admits as much in its exceptions, advising
 the Authority that it was only filing in the event the Authority
 determined that the time limit had not expired.  The Activity, however,
 appears to take the position that its exceptions are timely because the
 Arbitrator retained jurisdiction of the case for 90 days and the time
 limit for filing exceptions did not begin to run at least until the
 expiration of the retention per