15:0202(37)AR - AFGE and SSA -- 1984 FLRAdec AR
[ v15 p202 ]
The decision of the Authority follows:
15 FLRA No. 37 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO Union and SOCIAL SECURITY ADMINISTRATION Agency Case No. O-AR-726 ORDER DISMISSING EXCEPTIONS This case is before the Authority on exceptions to the award of Arbitrator James V. Altieri filed by the grievant 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 must be dismissed. The Arbitrator's award is dated January 24, 1984, and appears to have been served on the parties, i.e., the Union and the Agency, by mail on the same day. 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 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 in this case had to be filed with the Authority no later than the close of business on February 27, 1984. However, the exceptions were not filed until February 28, 1984. Therefore, the exceptions were untimely filed. Moreover, it is well-established that under the Authority's Rules and Regulations only the parties in the proceeding before the arbitrator are entitled to filed exceptions to the arbitrator's award with the Authority. /3/ Since it appears that the grievant did not participate as a "party" in the proceeding before the Arbitrator, she was not entitled to file the instant exceptions. Accordingly, the exceptions are hereby dismissed. For the Authority. Issued, Washington, D.C., June 29, 1984 Harold D. Kessler, Director, Case Management --------------- FOOTNOTES$ --------------- /1/ Section 7122(b) of the Statute was amended by the Civil Service Miscellaneous Amendments Act of 1983 (Pub. L. No. 98-224, Sec. 4, 98 Stat. 47, 48 (1984)) to provide that the 30-day period for filing exceptions to an arbitrator's award begins on the date the award is served on the filing party. /2/ 49 Fed.Reg. 22623 (1984). /3/ Social Security Administration, Headquarters Bureaus and Offices in Baltimore and SSA Local 1923, American Federation of Government Employees, AFL-CIO, 2 FLRA 37 (1979).