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10:0451(77)AR - AFGE Local 1533 and Navy, Naval Supply Center, Oakland, CA -- 1982 FLRAdec AR



[ v10 p451 ]
10:0451(77)AR
The decision of the Authority follows:


 10 FLRA No. 77
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 1533
 (Union)
 
 and
 
 DEPARTMENT OF THE NAVY, NAVAL SUPPLY
 CENTER, OAKLAND, CALIFORNIA
 (Activity)
 
                                            Case No. O-AR-449
 
                        ORDER DISMISSING EXCEPTIONS
 
    THIS CASE IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR ROBERT C. SHUBERT 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, IT HAS BEEN DETERMINED THAT THE UNION'S EXCEPTIONS
 MUST BE DISMISSED AS UNTIMELY FILED.
 
    UNDER SECTION 7122(B) OF THE STATUTE AND SECTION 2425.1 OF THE
 AUTHROITY'S RULES AND REGULATIONS, THE TIME LIMIT FOR FILING AN
 EXCEPTION TO AN ARBITRATION AWARD IS 30 DAYS BEGINNING ON AND INCLUDING
 THE DATE OF THE AWARD.  ADDITIONALLY, UNDER SECTION 2429.21 OF THE RULES
 AND REGULATIONS, ANY SUCH EXCEPTION MUST BE RECEIVED BY THE AUTHORITY
 BEFORE THE CLOSE OF BUSINESS ON THE LAST DAY OF THE PRESCRIBED TIME
 LIMIT.
 
    THE ARBITRATOR'S AWARD IN THIS CASE, AS INCLUDED IN THE UNION'S
 SUBMISSION, IS DATED SEPTEMBER 13, 1982.  THEREFORE, UNDER THE STATUTE
 AND THE AUTHORITY'S RULES AND REGULATIONS, THE UNION'S EXCEPTIONS HAD TO
 BE FILED, I.E., RECEIVED, NO LATER THAN THE CLOSE OF BUSINESS ON OCTOBER
 12, 1982.  HOWEVER, THE EXCEPTIONS WERE NOT FILED UNTIL OCTOBER 22,
 1982.  IN THAT REGARD, AND AS PROVIDED IN SECTION 2429.23(D) OF THE
 RULES AND REGULATIONS, THE TIME LIMIT FOR FILING EXCEPTIONS TO AN
 ARBITRATION AWARD MAY NOT BE EXTENDED OR WAIVED BY THE AUTHORITY.
 
    ACCORDINGLY, AS THE UNION'S EXCEPTIONS WERE UNTIMELY FILED, THEY ARE
 HEREBY DISMISSED.
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., NOVEMBER 10, 1982
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR