23:0347(46)AR - HUD and AFGE -- 1986 FLRAdec AR
[ v23 p347 ]
The decision of the Authority follows:
23 FLRA No. 46 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Agency and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO Union Case No. 0-AR-1201 ORDER DISMISSING EXCEPTIONS This case is before the Authority on exceptions to the award of Arbitrator Kenneth A Perea 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 reason stated below, it has been determined that the exceptions must be dismissed as untimely filed. The Arbitrator's award is dated July 5, 1986, and it was served on the parties by mail on July 7, 1986. 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, that is, received in the national office of the Authority not later than the close of business on August 11, 1986. However, the Union's exceptions were not filed with the Authority until August 13, 1986, and are, therefore, untimely. Accordingly, as the Union's exceptions were untimely filed, they are hereby dismissed. For the Authority. Issued, Washington, D.C., September 11, 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).