Please note that Friday, January 20, 2017, is a federal holiday for the Washington, D.C. metropolitan area.  The following FLRA offices will not be open to accept in-person case filings or to respond to phone calls on that day:  the Authority’s Case Intake and Publication Office, the Office of Administrative Law Judges, the Washington Regional Office, OGC Headquarters (Appeals), and the Federal Service Impasses Panel.  The FLRA’s eFiling System remains available.         

12:0101(27)AR - VA Hospital, Asheville, NC and Local 446, AFGE -- 1983 FLRAdec AR



[ v12 p101 ]
12:0101(27)AR
The decision of the Authority follows:


 12 FLRA No. 27
 
 VETERANS ADMINISTRATION HOSPITAL,
 ASHEVILLE, NORTH CAROLINA
 (Activity)
 
 and
 
 LOCAL 446, AMERICAN FEDERATION
 OF GOVERNMENT EMPLOYEES, AFL-CIO
 (Union)
 
                                            Case No. O-AR-551
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case is before the Authority on exceptions to the award of
 Arbitrator William G. Haemmel 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 exceptions 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 April 7, 1983.  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 May 6, 1983.  However, the exceptions were
 not filed until May 9, 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., June 2,
 1983
                                       James J. Shepard, Executive
                                       Director