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Department of the Army, Watervliet Arsenal (Activity) and National Association of Government Employees, Local R2-98 (Union)



[ v08 p387 ]
08:0387(77)AR
The decision of the Authority follows:


 8 FLRA No. 77
 
 DEPARTMENT OF THE ARMY,
 WATERVLIET ARSENAL
 (Activity)
 
 and
 
 NATIONAL ASSOCIATION OF GOVERNMENT
 EMPLOYEES, LOCAL R2-98
 (Union)
 
                                            Case No. O-AR-338
 
                        ORDER DISMISSING EXCEPTIONS
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR DANA E. EISCHEN FILED BY THE ACTIVITY PURSUANT TO SECTION
 7122(A) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE AND
 SECTION 2425.1 OF THE AUTHORITY'S RULES AND REGULATIONS.  FOR THE
 REASONS STATED BELOW, THE ACTIVITY'S EXCEPTIONS MUST BE DISMISSED AS
 UNTIMELY FILED.
 
    UNDER SECTION 7122(B) OF THE STATUTE AND SECTION 2425.1(B) OF THE
 AUTHORITY'S RULES AND REGULATIONS, THE TIME LIMIT FOR FILING AN
 EXCEPTION TO AN ARBITRATION AWARD IS THIRTY DAYS BEGINNING ON AND
 INCLUDING THE DATE ON THE AWARD.  ADDITIONALLY, UNDER SECTION 2429.21 OF
 THE RULES AND REGULATIONS, WHENEVER THE REGULATIONS REQUIRE THE FILING
 OF A DOCUMENT, SUCH DOCUMENT MUST BE RECEIVED BY THE AUTHORITY BEFORE
 THE CLOSE OF BUSINESS ON THE LAST DAY OF THE TIME LIMIT.
 
    THE ARBITRATOR'S AWARD IN THIS CASE, AS INCLUDED IN THE ACTIVITY'S
 SUBMISSION, IS DATED DECEMBER 15, 1981.  THEREFORE, UNDER THE
 ABOVE-CITED PROVISIONS, THE ACTIVITY'S EXCEPTIONS WERE DUE IN THE
 NATIONAL OFFICE OF THE AUTHORITY NO LATER THAN JANUARY 13, 1982.  WHILE
 IT APPEARS THAT THE ACTIVITY SOUGHT TO ACCOMPLISH TIMELY FILING BY
 CONTRACTING WITH A COMMERCIAL COURIER ON JANUARY 12, 1982, FOR NEXT DAY
 DELIVERY TO THE AUTHORITY, DUE TO A NUMBER OF CIRCUMSTANCES THE
 EXCEPTIONS WERE NOT ACTUALLY DELIVERED TO THE AUTHORITY UNTIL JANUARY
 20, 1982.  IN THAT REGARD, THE AUTHORITY IS NOT EMPOWERED TO WAIVE OR
 EXTEND THE TIME LIMITS FOR FILING EXCEPTIONS TO ARBITRATION AWARDS.
 
    ACCORDINGLY, AS THE ACTIVITY'S EXCEPTIONS WERE UNTIMELY FILED, THE
 EXCEPTIONS ARE HEREBY DISMISSED.
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., APRIL 8, 1982
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR