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U.S. Army Armament Research and Development Command (AARADCOM), Dover, New Jersey (Activity) and National Federation of Federal Employees, Local 1437 (Union)



[ v08 p206 ]
08:0206(42)AR
The decision of the Authority follows:


 8 FLRA No. 42
 
 U.S. ARMY ARMAMENT RESEARCH AND
 DEVELOPMENT COMMAND (AARADCOM),
 DOVER, NEW JERSEY
 (Activity)
 
 and
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 1437
 (Union)
 
                                            Case No. 0-AR-341
 
                        ORDER DISMISSING EXCEPTIONS
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR STEPHEN BARASCH 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 7122(B) OF THE STATUTE AND SECTION 2425.1(B) OF THE
 AUTHORITY'S REGULATIONS PROVIDES THAT THE TIME LIMIT FOR FILING AN
 EXCEPTION TO AN ARBITRATOR'S 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 DECEMBER 14, 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 JANUARY 12, 1982.
 HOWEVER, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL
 JANUARY 28, 1982.  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., MARCH 11, 1982
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR