Veterans Administration Hospital, Danville, Illinois (Activity) and American Federation of Government Employees, Local No. 1963, AFL-CIO (Union)
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07:0392(55)AR
The decision of the Authority follows:
7 FLRA No. 55
VETERANS ADMINISTRATION HOSPITAL,
DANVILLE, ILLINOIS
(Activity)
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL NO. 1963
(Union)
Case No. 0-AR-317
ORDER DISMISSING EXCEPTIONS
THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
ARBITRATOR PAUL B. GRANT FILED BY THE UNION PURSUANT TO SECTION 7122(A)
OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C.
7122(A)) AND SECTION 2425.1 OF THE AUTHORITY'S RULES AND REGULATIONS (5
C.F.R. 2425.1(1981)). FOR THE REASONS STATED BELOW, IT HAS BEEN
DETERMINED THAT THE UNION'S EXCEPTIONS MUST BE DISMISSED AS UNTIMELY
FILED.
SECTION 2425.1(B) OF THE AUTHORITY'S REGULATIONS PROVIDES THAT THE
TIME LIMIT FOR FILING AN EXCEPTION TO AN ARBITRATION AWARD IS THIRTY
DAYS BEGINNING ON AND INCLUDING THE DATE OF THE AWARD.
THE ARBITRATOR'S AWARD IN THIS CASE, AS INCLUDED IN THE UNION'S
SUBMISSION, IS DATED OCTOBER 6, 1981. THEREFORE, UNDER SECTION
2425.1(B) OF THE AUTHORITY'S REGULATIONS, THE UNION'S EXCEPTIONS WERE
DUE IN THE OFFICE OF THE AUTHORITY NO LATER THAN NOVEMBER 4, 1981.
HOWEVER, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL
NOVEMBER 16, 1981. IN THIS REGARD, THE AUTHORITY IS NOT EMPOWERED TO
EXTEND OR WAIVE THE TIME LIMIT FOR FILING EXCEPTIONS TO ARBITRATOR'S
AWARDS.
ACCORDINGLY, AS THE UNION'S EXCEPTIONS WERE UNTIMELY FILED, AND APART
FROM OTHER CONSIDERATIONS, THE EXCEPTIONS ARE HEREBY DISMISSED.
FOR THE AUTHORITY.
ISSUED, WASHINGTON, D.C., DECEMBER 18, 1981
JAMES J. SHEPARD, EXECUTIVE DIRECTOR