U.S. Army Finance and Accounting Center, Ft. Benjamin Harrison, Indiana (Activity) and American Federation of Government Employees, Local 1411, AFL-CIO (Union) 

 4 FLRA No. 48
 
 U.S. ARMY FINANCE AND ACCOUNTING CENTER,
 FT. BENJAMIN HARRISON, INDIANA
 (Activity)
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 1411
 (Union)
 
                                            Case No. O-AR-121
 
                        ORDER DISMISSING EXCEPTIONS
 
    THIS CASE COMES BEFORE THE AUTHORITY ON THE EXCEPTIONS OF MR. SCOTT
 S. STONE, THE GRIEVANT IN THE ABOVE-ENTITLED MATTER, TO THE AWARD OF
 ARBITRATOR BARBARA W. DOERING THEREIN.  FOR THE REASONS SET FORTH BELOW,
 THE SUBJECT EXCEPTIONS MUST BE DISMISSED.
 
    SECTION 2425.1(A) OF THE AUTHORITY'S REGULATIONS (5 C.F.R.  2425.1(A)
 (1980)) PROVIDES:
 
    EITHER PARTY TO ARBITRATION UNDER THE PROVISIONS OF CHAPTER 71 OF
 TITLE 5 OF THE UNITED
 
    STATES CODE MAY FILE AN EXCEPTION TO AN ARBITRATOR'S AWARD RENDERED
 PURSUANT TO THE
 
    ARBITRATION.
 
    SECTION 2421.11 OF THE AUTHORITY'S REGULATIONS (5 C.F.R.
 2421.11(1980)), PROVIDES IN PERTINENT PART:
 
    "PARTY" MEANS (A) ANY PERSON . . . (4) WHO PARTICIPATED AS A PARTY .
 . . (II) IN A MATTER
 
    WHERE THE AWARD OF AN ARBITRATOR WAS ISSUED . . . .
 
    IN THIS CASE, THE ARBITRATOR'S OPINION AND AWARD CLEARLY INDICATES
 THAT TWO PARTIES (THE UNION AND THE ACTIVITY) PARTICIPATED AS "PARTIES"
 IN THE ARBITRATION PROCEEDING HERE INVOLVED.  THUS, IT DOES NOT APPEAR
 FROM THE ARBITRATOR'S OPINION AND AWARD THAT MR.  STONE, THE GRIEVANT,
 PARTICIPATED AS A "PARTY" IN THE PROCEEDING BEFORE THE ARBITRATOR.
 CONSEQUENTLY, THE GRIEVANT IS NOT ENTITLED TO FILE EXCEPTIONS TO THE
 ARBITRATOR'S AWARD UNDER SECTION 2425.1(A) OF THE AUTHORITY'S
 REGULATIONS.
 
    ACCORDINGLY, SINCE THE GRIEVANT IS NOT ENTITLED TO FILE EXCEPTIONS TO
 THE SUBJECT ARBITRATOR'S AWARD UNDER THE AUTHORITY'S REGULATIONS, AND
 APART FROM OTHER CONSIDERATIONS, /1/
 
    IT IS HEREBY ORDERED THAT THE GRIEVANT'S EXCEPTIONS BE, AND THEY
 HEREBY ARE, DISMISSED.
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., SEPTEMBER 30, 1980
 
               HAROLD D. KESSLER, ACTING EXECUTIVE DIRECTOR
 
                          CERTIFICATE OF SERVICE
 
    COPIES OF THE ORDER OF THE FEDERAL LABOR RELATIONS AUTHORITY IN THE
 SUBJECT PROCEEDING HAVE THIS DAY BEEN MAILED TO THE PARTIES LISTED
 BELOW:
 
    MR. SCOTT S. STONE
 
    7426 KICKAPOO TRAIL
 
    INDIANAPOLIS, INDIANA 46219
 
    MS. COLLEEN SONTAG
 
    LABOR RELATIONS OFFICER
 
    OFFICE OF CIVILIAN PERSONNEL
 
    U.S. ARMY FINANCE AND ACCOUNTING CENTER
 
    FORT BENJAMIN HARRISON, INDIANA 46216
 
    MR. DAVID D. SMITH
 
    NATIONAL REPRESENTATIVE
 
    AMERICAN FEDERATION OF
 
    GOVERNMENT EMPLOYEES, AFL-CIO
 
    826 RAINBOW LANE
 
    INDIANAPOLIS, INDIANA 46260
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ IN THIS REGARD, SECTION 2425.1(B) OF THE AUTHORITY'S REGULATIONS
 (5 C.F.R. 2425.1(B)(1980)) SPECIFIES THAT THE TIME LIMIT FOR FILING AN
 EXCEPTION TO AN ARBITRATOR'S AWARD IS 30 DAYS BEGINNING ON THE DATE OF
 THE AWARD.  AS STATED IN THE SUBJECT EXCEPTIONS, THE SUBJECT AWARD WAS
 DATED MAY 29, 1980.  THUS, ANY EXCEPTIONS TO THAT AWARD WERE DUE IN THE
 OFFICE OF THE AUTHORITY NO LATER THAN JUNE 27, 1980.  HOWEVER, THE
 GRIEVANT'S EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL JULY 8,
 1980.  THUS, THOSE EXCEPTIONS APPEAR TO HAVE BEEN UNTIMELY FILED.