15:0562(119)AR - Pacific Missile Test Center, Point Mugu, CA and NAGE Local R12-33 -- 1984 FLRAdec AR



[ v15 p562 ]
15:0562(119)AR
The decision of the Authority follows:


 15 FLRA No. 119
 
 PACIFIC MISSILE TEST CENTER,
 POINT MUGU, CALIFORNIA
 Activity
 
 and
 
 NATIONAL ASSOCIATION OF GOVERNMENT
 EMPLOYEES, LOCAL R12-33
 Union
 
                                            Case No. O-AR-735
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case is before the Authority on exceptions to the award of
 Arbitrator Joseph F. Gentile 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 award is dated February 13, 1984, and appears to
 have been served on the parties by mail on the same day.
 
    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 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 March 19, 1984.  However the
 exceptions were not filed until March 22, 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., August 16, 1984
                                       Jan K. Bohren
                                       Executive Director/Administrator
 
    SOCIAL SECURITY ADMINISTRATION
 
                                 Activity
 
    and
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, LOCAL 1164, AFL-CIO
 
                                   Union
                                       Case No. O-AR-325
                                       (14 FLRA No. 70)
 
                 ORDER DENYING MOTION FOR RECONSIDERATION
 
    This case is before the Authority on a motion for reconsideration
 filed by the Union on June 21, 1984, seeking reconsideration of the
 Authority's Decision of May 8, 1984.  For the reasons set forth below,
 the motion must be denied.
 
    Section 2429.17 of the Authority's Rules and Regulations, effective
 September 10, 1981, provides in pertinent part:
 
          2429.17 Reconsideration.
 
          After a final decision or order of the Authority has been
       issued, a party to the proceeding before the Authority who can
       establish in its moving papers extraordinary circumstances for so
       doing, may move for reconsideration of such final decision or
       order.  The motion shall be filed within 10 days after service of
       the Authority's decision or order. . . .
 
    The Authority's Decision was dated and served on the Union by mail on
 May 8, 1984.  Therefore, under section 2429.17 of the Authority's Rules
 and Regulations, and sections 2429.21 and 2429.22, which are also
 applicable to the computation of the time limit here involved, the
 Union's motion for reconsideration was due in the national office of the
 Authority before the close of business on May 23, 1984.  Since, as
 indicated above, the Union's motion was not filed until June 21, 1984,
 it is clearly untimely and must be denied.
 
    Accordingly, for the reason set forth above,
 
    IT IS ORDERED that the Union's motion for reconsideration in this
 case be, and it hereby is, denied.
 
    For the Authority.
 
    Issued, Washington, D.C., August 3, 1984
                                       Jan K. Bohren, Executive
                                       Director/Administrator
 
    VETERANS ADMINISTRATION HOSPITAL
 
                                 Activity
 
    and
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, LOCAL 1633
 
                                   Union
                                       Case No. O-AR-569
 
                 ORDER DENYING MOTION FOR RECONSIDERATION
 
    This case is before the Authority on a motion for reconsideration
 filed by the Activity seeking reconsideration of the Authority's
 Decision in the instant case.  For the reason set forth below, the
 motion must be denied.
 
    Section 2429.17 of the Authority's Rules and Regulations, effective
 September 10, 1981, provides in pertinent part:
 
          2429.17 Reconsideration.
 
          After a final decision or order of the Authority has been
       issued, a party to the proceeding before the Authority who can
       establish in its moving papers extraordinary circumstances for so
       doing, may move for reconsideration of such final decision or
       order.  The motion shall be filed within 10 days after service of
       the Authority's decision or order. . . .
 
    The Authority's Decision was dated and served on the Activity by mail
 on February 21, 1984.  Therefore, under section 2429.17 of the
 Authority's Rules and Regulations, and sections 2429.21 and 2429.22,
 which are also applicable to the computation of the time limit here
 involved, the Activity's motion for reconsideration was due in the
 national office of the Authority before the close of business on March
 7, 1984.  Since the Activity's motion was not filed until March 20,
 1984, it is clearly untimely and must be denied.
 
    Accordingly, for the reason set forth above,
 
    IT IS ORDERED that the Activity's motion for reconsideration in this
 case be, and it hereby is, denied.
 
    For the Authority.
 
    Issued, Washington, D.C., August 3, 1984
                                       Jan K. Bohren, Executive
                                       Director/Administrator
 
    MID-AMERICA PROGRAM SERVICE CENTER
 
    SOCIAL SECURITY ADMINISTRATION,
 
    U.S. DEPARTMENT OF HEALTH AND HUMAN
 
    SERVICES, KANSAS CITY, MISSOURI
 
                                 Activity
 
    and
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES (NATIONAL COUNCIL OF
 
    SOCIAL SECURITY PAYMENT CENTER
 
    LOCALS), LOCAL 1336
 
                                   Union
                                       Case No. O-AR-376
 
                 ORDER DENYING MOTION FOR RECONSIDERATION
 
    This case is before the Authority on a motion filed by the Union on
 August 6, 1984, seeking reconsideration of the Authority's Decision of
 July 17, 1984, in which the Authority denied the Union's exceptions to
 the Arbitrator's award.  For the reason set forth below, the motion must
 be denied.
 
    Section 2429.17 of the Authority's Rules and Regulations, effective
 September 10, 1981, provides in pertinent part:
 
          2429.17 Reconsideration.
 
          After a final decision or order of the Authority has been
       issued, a party to the proceeding before the Authority who can
       establish in its moving papers extraordinary circumstances for so
       doing, may move for reconsideration of such final decision or
       order.  The motion shall be filed within 10 days after service of
       the Authority's decision or order. . . .
 
    As indicated above, the Authority's Decision on the merits was dated
 and served on the union by mail on July 17, 1984.  Therefore, under
 section 2429.17 of the Authority's Rules and Regulations, and sections
 2429.21 and 2429.22, which are also applicable to the computation of the
 time limit here involved, the Union's motion for reconsideration was due
 in the national office of the Authority before the close of business on
 August 1, 1984.  Since the Union's motion was not filed until August 6,
 1984, it is clearly untimely and must be denied.
 
    Accordingly, the Union's motion for reconsideration in this case is
 hereby denied.
 
    For the Authority.
 
    Issued, Washington, D.C., August 16, 1984
                                       Jan K. Bohren
                                       Executive Director/Administrator
 
    U.S. DEPARTMENT OF HEALTH AND HUMAN
 
    SERVICES, SOCIAL SECURITY ADMINISTRATION,
 
    MID-AMERICA PROGRAM SERVICE CENTER
 
                                 Activity
 
    and
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, LOCAL 1336, AFL-CIO
 
                                   Union
                                       Case No. O-AR-736
 
                 ORDER DENYING MOTION FOR RECONSIDERATION
 
    This case is before the Authority on a motion filed by the Union on
 August 6, 1984, seeking reconsideration of the Authority's Decision of
 July 17, 1984, in which the Authority denied the Union's exceptions to
 the Arbitrator's award.  For the reason set forth below, the motion must
 be denied.
 
    Section 2429.17 of the Authority's Rules and Regulations, effective
 September 10, 1981, provides in pertinent part:
 
          2429.17 Reconsideration.
 
          After a final decision or order of the Authority has been
       issued, a party to the proceeding before the Authority who can
       establish in its moving papers extraordinary circumstances for so
       doing, may move for reconsideration of such final decision or
       order.  The motion shall be filed within 10 days after service of
       the Authority's decision or order. . . .
 
    As indicated above, the Authority's Decision on the merits was dated
 and served on the union by mail on July 17, 1984.  Therefore, under
 section 2429.17 of the Authority's Rules and R