15:0326(68)AR - AFGE Local 3787 and SSA, Harlingen, TX -- 1984 FLRAdec AR
[ v15 p326 ]
The decision of the Authority follows:
15 FLRA No. 68 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 3787 Union and SOCIAL SECURITY ADMINISTRATION, HARLINGTON, TEXAS Activity Case No. O-AR-773 ORDER DISMISSING EXCEPTIONS This case is before the Authority on exceptions to the award of Arbitrator Bernard Marcus 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 exceptions must be dismissed as untimely filed. The Arbitrator's undated award appears to have been served on the parties by mail in March 1984, and received on April 2, 1984. Under section 7122(b) of the Statute, as amended, /1/ and section 2425.1 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 section 2429.21 of the Rules and Regulations, which is 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 May 1, 1984. However the exceptions were not filed until May 10, 1984. Therefore, the exceptions were untimely filed. Accordingly, as the Union's exceptions were untimely filed, they are hereby dismissed. For the Authority. Issued, Washington, D.C., July 18, 1984 Jan K. Bohren Executive Director/Administrator --------------- 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).