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09:0915(125)AR - INS, Justice and AFGE Local 2805 -- 1982 FLRAdec AR



[ v09 p915 ]
09:0915(125)AR
The decision of the Authority follows:


 9 FLRA No. 125
 
 IMMIGRATION AND NATURALIZATION
 SERVICE, U.S. DEPARTMENT OF JUSTICE
 (Activity)
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 2805, AFL-CIO
 (Union)
 
                                            Case No. O-AR-404
 
                        ORDER DISMISSING EXCEPTIONS
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR REGINALD ALLEYNE 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.
 
    UNDER SECTION 7122(B) OF THE STATUTE AND SECTION 2425.1(B) OF THE
 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 29, 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 28, 1982.  HOWEVER,
 THE UNION'S EXCEPTIONS, INITIALLY MISFILED WITH THE DEPARTMENT OF LABOR,
 WERE NOT PROPERLY FILED WITH THE AUTHORITY UNTIL JUNE 22, 1982.  IN THAT
 REGARD, THE AUTHORITY IS NOT EMPOWERED TO EXTEND OR WAIVE 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., AUGUST 12, 1982
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR