16:1157(149)AR FLRA CASE INFORMATION SHEET DIGEST HEADINGS SUBJECT MATTER INDEX ENTRIES STATUTE DIGEST NOTES ORDER DISMISSING -- 1984 FLRAdec AR
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The decision of the Authority follows:
16 FLRA NO. 149
VETERANS ADMINISTRATION Activity and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 2400 Union Case No. 0-AR-884
This case is before the Authority on exceptions to the award of Arbitrator Joe D. Woodward 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 October 2, 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 sections 2425.1, 2429.21 and 2429.22 of the Authority's Rules and Regulations, as amended, 2 any exceptions to the Arbitrator's award in this case had to be filed, i.e., received in the Authority's National Office in Washington, D.C., not later than the close of business on November 5, 1984. However, the exceptions were not received in the National Office until November 28, 1984, after having been mistakenly filed with the Authority's Atlanta Regional Office on November 21, 1984. In its submission, the Union in effect asserts that the Arbitrator's award of October 2, 1984, was interlocutory and his final action in the matter was rendered by letter of October 31, 1984. However, in the letter relied upon, the Arbitrator did nothing more than deny the Union's request that he amend [ v16 p1157 ] his October 2, 1984 award. Thus it is clear that the Arbitrator's award in this case was final and not interlocutory on October 2, 1984, and the period for the timely filing of exceptions to the award must be calculated from that date. See Portsmouth Naval Shipyard and Federal Employees Metal Trades Council, AFL - CIO, 15 FLRA No. 28 (1984). Therefore, the Union's exceptions were untimely filed.
Accordingly, as the Union's exceptions were untimely filed, they are hereby dismissed.
For the Authority. Issued, Washington, D.C., December 31, 1984 Harold D. Kessler, Acting Executive Director/Administrator
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Footnote 1 Section 7122(b) of the Statute was amended by the Civil Service Miscellaneous Amendments Act of 1983 (Pub. L. No. 98-224, 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.
Footnote 2 49 Fed. Reg. 22623 (1984).