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United States Army, Fort Huachuca, Arizona (Activity) and American Federation of Government Employees, Local 1662 (Union)



[ v08 p116 ]
08:0116(24)AR
The decision of the Authority follows:


 8 FLRA No. 24
 
 UNITED STATES ARMY,
 FORT HUACHUCA, ARIZONA
 (Activity)
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 1662
 (Union)
 
                                            Case No. 0-AR-324
 
                        ORDER DISMISSING EXCEPTIONS
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR JOSEPH F. GENTILE 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 CFR 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.  MOREOVER, UNDER
 SECTIONS 2429.21 AND 2429.24(B) AND APPENDIX A OF THE REGULATIONS, ANY
 SUCH EXCEPTION MUST BE FILED WITH THE NATIONAL OFFICE BEFORE THE CLOSE
 OF BUSINESS ON THE LAST DAY OF THE PRESCRIBED TIME LIMIT.
 
    THE ARBITRATOR'S AWARD IN THIS CASE IS DATED NOVEMBER 30, 1980.
 THEREFORE, UNDER SECTIONS 2425.1(B), 2429.21 AND 2429.24 OF THE
 AUTHORITY'S REGULATIONS, THE EXCEPTIONS WERE DUE IN THE NATIONAL OFFICE
 OF THE AUTHORITY NO LATER THAN DECEMBER 29, 1980.  HOWEVER, THE SUBJECT
 EXCEPTIONS WERE FILED ON OR ABOUT JANUARY 12, 1981 IN THE AUTHORITY'S
 LOS ANGELES REGIONAL OFFICE.  THE LOS ANGELES REGIONAL OFFICE FORWARDED
 THE EXCEPTIONS TO THE AUTHORITY AND THEY WERE RECEIVED IN WASHINGTON,
 D.C. SOMETIME LATER.  THUS, WITHOUT PASSING UPON WHETHER A WAIVER OF THE
 REQUIREMENT FOR FILING IN THE NATIONAL OFFICE MIGHT BE WARRANTED IN THE
 CIRCUMSTANCES OF THIS CASE, IT IS CLEAR THAT THE UNION'S EXCEPTIONS WERE
 NOT TIMELY FILED BY DECEMBER 29, 1980, AS REQUIRED.  IN THIS REGARD, THE
 AUTHORITY IS NOT EMPOWERED TO EXTEND OR WAIVE THE TIME LIMIT FOR FILING
 EXCEPTIONS TO ARBITRATORS' AWARDS.
 
    ACCORDINGLY, AS THE UNION'S EXCEPTIONS WERE UNTIMELY FILED, AND APART
 FROM OTHER CONSIDERATIONS,
 
    IT IS ORDERED THAT THE EXCEPTIONS BE, AND THEY HEREBY ARE, DISMISSED.
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., FEBRUARY 11, 1982
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR