12:0058(17)AR - AFGE Local 1770, Fort Bragg, NC and Army, Headquarters XVIII Airborne Corps and Fort Bragg, Fort Bragg, NC -- 1983 FLRAdec AR

 12 FLRA No. 17
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 1770, FORT BRAGG,
 NORTH CAROLINA
 (Union)
 
 and
 
 DEPARTMENT OF THE ARMY, HEADQUARTERS
 XVIII AIRBORNE CORPS AND FORT BRAGG
 FORT BRAGG, NORTH CAROLINA
 (Activity)
 
                                            Case No. O-AR-541
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case is before the Authority on exceptions to the award of
 Arbitrator Nicholas H. Zumas 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
 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 11, 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 12, 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 12,
 1983
                                       James J. Shepard, Executive
                                       Director