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11:0280(60)AR - IFPTE Local 28 and Lewis Research Center, NASA, Cleveland, OH -- 1983 FLRAdec AR



[ v11 p280 ]
11:0280(60)AR
The decision of the Authority follows:


 11 FLRA No. 60
 
 INTERNATIONAL FEDERATION OF
 PROFESSIONAL AND TECHNICAL
 ENGINEERS, LOCAL 28, AFL-CIO
 (Union)
 
 and
 
 LEWIS RESEARCH CENTER,
 NATIONAL AERONAUTICS AND
 SPACE ADMINISTRATION,
 CLEVELAND, OHIO
 (Activity)
 
                                            Case No. O-AR-494
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case is before the Authority on exceptions to the award of
 Arbitrator Richard H. Siegel 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.  The activity
 filed an opposition in which it contends, among other things, that the
 union's exceptions are untimely.  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
 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 23, 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 December 22, 1982.  However, the
 exceptions were not filed until January 4, 1983.  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.  /1/
 
    Accordingly, as the union's exceptions were untimely filed, they are
 hereby dismissed.  For the Authority.  Issued, Washington, D.C.,
 February 9, 1983
                                       James J. Shepard, Executive
                                       Director
 
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ In its exceptions, the union alleges that the arbitration award
 was not mailed to the union until December 2, 1982.  However, even if
 that date were considered to be the "date of the award," the union's
 exceptions would have been due no later than January 3, 1983, and would
 have been untimely.