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12:0037(9)AR - Army, HQ, Army Materiel and Development Command and NFFE Local 1332 -- 1983 FLRAdec AR



[ v12 p37 ]
12:0037(9)AR
The decision of the Authority follows:


 12 FLRA No. 9
 
 DEPARTMENT OF THE ARMY,
 HEADQUARTERS, U.S. ARMY
 MATERIEL AND DEVELOPMENT
 COMMAND
 (Union)
 
 and
 
 NATIONAL FEDERATION OF
 FEDERAL EMPLOYEES, LOCAL 1332
 (Activity)
 
                                            Case No. O-AR-538
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case is before the Authority on exceptions to the award of
 Arbitrator James M. Harkless 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.
 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 March 12, 1983.  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 April 11,
 1983.  However, the exceptions were not filed until April 13, 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.
 
    Accordingly, as the union's exceptions were untimely filed, they are
 hereby dismissed.  For the Authority.  Issued, Washington, D.C., May 6,
 1983
                                       James J. Shepard, Executive
                                       Director