15:0572(122)AR - AFGE and Sharpe Army Depot -- 1984 FLRAdec AR
[ v15 p572 ]
The decision of the Authority follows:
15 FLRA No. 122 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1546 Union and SHARPE ARMY DEPOT Activity Case No. O-AR-805 ORDER DISMISSING EXCEPTIONS This case is before the Authority on exceptions to the award of Arbitrator Eamonn Barrett 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 May 21, 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 June 25, 1984. However, the exceptions were not filed until June 27, 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 23, 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).