10:0165(34)AR - AFGE Local 16l7 and San Antonio Air Logistics Command, Kelly AFB, TX -- 1982 FLRAdec AR

 10 FLRA No. 34
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 1617
 (Union)
 
 and
 
 SAN ANTONIO AIR LOGISTICS COMMAND,
 KELLY AIR FORCE BASE, TEXAS
 (Activity)
 
                                            Case No. O-AR-402
 
                        ORDER DISMISSION EXCEPTIONS
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR HAROLD R. AINSWORTH 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, WAS DATED APRIL 20, 1982.  /1/ 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 19, 1982.
 HOWEVER, THE UNION'S EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL
 JUNE 16, 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., SEPTEMBER 30, 1982
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ ALTHOUGH THE AWARD ITSELF WAS NOT DATED, EVIDENCE SUBMITTED BY
 THE ACTIVITY AND UNREFUTED BY THE UNION SHOWED THE DATE AS APRIL 20,
 1982.