21:0839(101)AR - Local Lodge 39, IAM and Naval Air Rework Facility -- 1986 FLRAdec AR
[ v21 p839 ]
The decision of the Authority follows:
21 FLRA No. 101 LOCAL LODGE 39, INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS Union and NAVAL AIR REWORK FACILITY Activity Case No. 0-AR-1135 ORDER DISMISSING EXCEPTIONS This case is before the Authority on exceptions to the award of Arbitrator Herbert Fishgold filed by the Department of the Navy (the Agency) on behalf of the Activity 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 March 25, 1986, 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 April 28, 1986. However the exceptions were not filed until April 29, 1986. Therefore, the exceptions were untimely filed. Accordingly, as the Agency's exceptions were untimely filed, they are hereby dismissed. For the Authority. Issued, Washington, D.C., May 15, 1986. /s/ Harold D. Kessler Director of 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, Section 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).