09:1071(152)AR - VA Regional Office, Denver, CO and AFGE Local 1557 -- 1982 FLRAdec AR

 9 FLRA No. 152
 
 VETERANS ADMINISTRATION REGIONAL OFFICE,
 DENVER, COLORADO
 (Activity)
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 1557
 (Union)
 
                                            Case No. O-AR-416
 
                        ORDER DISMISSING EXCEPTIONS
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR PATRICIA L. WIGGLESWORTH 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.
 
    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 ACTIVITY'S
 SUBMISSION, IS DATED JUNE 29, 1982.  THEREFORE, UNDER THE ABOVE-CITED
 PROVISIONS, THE ACTIVITY'S EXCEPTIONS WERE DUE IN THE NATIONAL OFFICE OF
 THE AUTHORITY BEFORE THE CLOSE OF BUSINESS ON JULY 28, 1982.  HOWEVER,
 THE ACTIVITY'S EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL JULY
 30, 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 ACTIVITY'S EXCEPTIONS WERE UNTIMELY FILED, THE
 EXCEPTIONS ARE HEREBY DISMISSED.
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., AUGUST 27, 1982
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR