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11:0089(26)AR - AFGE Local 3896 and Education, Region V, Chicago, IL -- 1983 FLRAdec AR



[ v11 p89 ]
11:0089(26)AR
The decision of the Authority follows:


 11 FLRA No. 26
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 3896
 (Union)
 
 and
 
 U.S. DEPARTMENTS OF EDUCATION,
 REGION V, CHICAGO, ILLINOIS
 (Activity)
 
                                            Case No. O-AR-488
 
                        ORDER DISMISSING EXCEPTIONS
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Bernard Dobronski, 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 reason
 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(b) of the
 Authority'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 November 16, 1982.  Therefore, under the Statute
 and the Authority's Rules and Regulations, the union's exceptions had to
 be filed with the Authority, i.e., received in the national office of
 the Authority, no later than the close of business on December 15, 1982.
  However, the exceptions were not filed until December 16, 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., January
 20, 1983
                                       James J. Shepard, Executive
                                       Director