09:0146(18)AR - AFGE Local 3159 and HHS Region IX -- 1982 FLRAdec AR

 9 FLRA No. 18
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 3159
 (Union)
 
 and
 
 DEPARTMENT OF HEALTH AND HUMAN
 SERVICES, REGION IX
 (Activity)
 
                                            Case No. 0-AR-392
 
                        ORDER DISMISSING EXCEPTIONS
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR ARMON BARSAMIAN FILED BY THE UNION 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 UNION'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 UNION'S
 SUBMISSION, IS DATED APRIL 21, 1982.  THEREFORE, UNDER THE ABOVE-CITED
 PROVISIONS, THE UNION'S EXCEPTIONS WERE DUE IN THE NATIONAL OFFICE OF
 THE AUTHORITY BEFORE THE CLOSE OF BUSINESS ON MAY 20, 1982.  WHILE IT
 APPEARS THAT THE UNION SOUGHT TO ACCOMPLISH TIMELY FILING BY ARRANGING
 WITH A COMMERCIAL COURIER ON MAY 20, 1982, FOR DELIVERY TO THE
 AUTHORITY, THE EXCEPTIONS WERE NOT ACTUALLY DELIVERED UNTIL MAY 21,
 1982.  IN THAT REGARD, THE AUTHORITY IS NOT EMPOWERED TO WAIVE OR EXTEND
 THE TIME LIMIT FOR FILING EXCEPTIONS TO ARBITRATION AWARDS.
 
    ACCORDINGLY, AS THE UNION'S EXCEPTIONS WERE UNTIMELY FILED, THE
 EXCEPTIONS ARE HEREBY DISMISSED.
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., JUNE 23, 1982
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR