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San Antonio Air Logistics Center, Kelly Air Force Base, Texas (Activity) and American Federation of Government Employees, Local Union 1617 (Union)



[ v07 p11 ]
07:0011(4)AR
The decision of the Authority follows:


 7 FLRA No. 4
 
 SAN ANTONIO AIR LOGISTICS CENTER,
 KELLY AIR FORCE BASE, TEXAS
 (Activity)
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL UNION 1617
 (Union)
 
                                            Case No. O-AR-234
 
                        ORDER DISMISSING EXCEPTIONS
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR JOHN F. CARAWAY FILED ON BEHALF OF THE UNION PURSUANT TO
 SECTION 7122(A) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
 STATUTE ( U.S.C. 7122(A)) AND SECTION 2425.1 OF THE AUTHORITY'S RULES
 AND REGULATIONS (5 U.F.R. 2425.1).  FOR THE REASONS STATED BELOW, IT HAS
 BEEN DETERMINED THAT THE UNION'S EXCEPTIONS MUST BE DISMISSED.
 
    SECTION 2425.2 OF THE AUTHORITY'S REGULATIONS PROVIDES, IN PERTINENT
 PART:
 
    SEC. 2425.2 CONTENT OF EXCEPTION.
 
    AN EXCEPTION MUST BE A DATED, SELF-CONTAINED DOCUMENT WHICH SETS
 FORTH IN FULL:
 
    (A) A STATEMENT OF THE GROUNDS ON WHICH REVIEW IS REQUESTED;
 
    (B) EVIDENCE OR RULINGS BEARING ON THE ISSUES BEFORE THE AUTHORITY;
 
    (C) ARGUMENTS IN SUPPORT OF THE STATED GROUNDS, TOGETHER WITH
 SPECIFIC REFERENCE TO THE
 
    PERTINENT DOCUMENTS AND CITATIONS OF THE AUTHORITIES . . .
 
    THE UNION'S EXCEPTIONS WERE DEFICIENT WHEN FILED IN THAT THE UNION,
 WHILE STATING AS GROUNDS FOR REVIEW THAT THE AWARD "WAS CONTRARY TO LAW,
 RULE AND REGULATION," DID NOT PROVIDE ANY ARGUMENT IN SUPPORT OF THAT
 BARE ASSERTION OR ANY OTHER SUBMISSION IN COMPLIANCE WITH THE
 REQUIREMENTS OF SECTION 2425.2(B) AND (C) OF THE AUTHORITY'S
 REGULATIONS.  THE UNION ASSURED THE AUTHORITY THAT THE DEFICIENCY WOULD
 BE CORRECTED WITHIN FIVE DAYS OF THE DATE OF THE EXCEPTIONS.  HOWEVER,
 NO FURTHER SUBMISSION WAS RECEIVED FROM THE UNION WITHIN THE TIME PERIOD
 NOTED.  THUS, SINCE THE UNION FAILED TO PROPERLY COMPLETE ITS EXCEPTIONS
 IN CONFORMITY WITH THE AUTHORITY'S RULES AND REGULATIONS, THE EXCEPTIONS
 MUST BE DISMISSED AS PROCEDURALLY DEFICIENT.
 
    ACCORDINGLY, THE UNION'S EXCEPTIONS ARE HEREBY DISMISSED.
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., OCTOBER 8, 1981
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR