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09:1085(156)AR - Navy, Charleston Naval Shipyard and Planners, Estimators and Progressmen's Association, Local No. 8 -- 1982 FLRAdec AR



[ v09 p1085 ]
09:1085(156)AR
The decision of the Authority follows:


 9 FLRA No. 156
 
 DEPARTMENT OF THE NAVY,
 CHARLESTON NAVAL SHIPYARD
 (Activity)
 
 and
 
 PLANNERS, ESTIMATORS AND
 PROGRESSMEN'S ASSOCIATION,
 LOCAL NO. 8
 (Union)
 
                                            Case No. O-AR-429
 
                        ORDER DISMISSING EXCEPTIONS
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR JAMES J. SHERMAN 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
 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 JULY 19, 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 AUGUST 17, 1982. HOWEVER,
 THE UNION'S EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL AUGUST
 18, 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., AUGUST 31, 1982
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR