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12:0300(64)AR - VA Medical Center, Asheville, NC and AFGE Local 446 -- 1983 FLRAdec AR

[ v12 p300 ]
The decision of the Authority follows:

 12 FLRA No. 64
                                            Case No. O-AR-582
                        ORDER DISMISSING EXCEPTIONS
    This case is before the Authority on exceptions to the award of
 Arbitrator Dennis R. Nolan 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
    The arbitrator's award in this case, as included in the union's
 submission, is dated May 23, 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 June 21, 1983.  However, the exceptions
 were not filed until June 23, 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., July
 14, 1983
                                       James J. Shepard, Executive