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11:0021(11)AR - Pennsylvania State Council, ACT and the Adjutant General of Pennsylvania, Pennsylvania Army NG -- 1983 FLRAdec AR



[ v11 p21 ]
11:0021(11)AR
The decision of the Authority follows:


 11 FLRA No. 11
 
 PENNSYLVANIA STATE COUNCIL,
 ASSOCIATION OF CIVILIAN TECHNICIANS
 (Union)
 
 and
 
 THE ADJUTANT GENERAL OF PENNSYLVANIA,
 PENNSYLVANIA ARMY NATIONAL GUARD
 (Activity)
 
                                            Case No. O-AR-464
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case is before the Authority on exceptions to the award of
 Arbitrator Joseph M. Leib filed on behalf of 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.
 The agency filed an opposition to the exceptions alleging, among other
 things, that the exceptions were untimely filed;  and the union disputed
 the agency's allegations.  For the reasons stated below, it has been
 determined that the union's exceptions were untimely filed and must be
 dismissed on that basis.
 
    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, any such exception 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 is dated October 12, 1982.
 Therefore, under the Statute and the Authority's Rules and Regulations,
 the union's exceptions had to be filed, i.e., received in the national
 office of the Authority, no later than the close of business on November
 10, 1982.  However, the union's exceptions were not filed with the
 Authority until November 12, 1982.  In that regard, and as provided in
 section 2429.23(c) 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., January
 7, 1983
                                       James J. Shepard, Executive
                                       Director