12:0302(65)AR - AFGE Local 1617 and San Antonio Air Logistics Center, (AFLC), Kelly AFB, TX -- 1983 FLRAdec AR
[ v12 p302 ]
12:0302(65)AR
The decision of the Authority follows:
12 FLRA No. 65
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1617
(Union)
and
SAN ANTONIO AIR LOGISTICS CENTER,
(AFLC), KELLY AIR FORCE BASE, TEXAS
(Activity)
Case No. O-AR-553
ORDER DISMISSING EXCEPTIONS
This case is before the Authority on exceptions to the award of
Arbitrator Helburn 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 April 13, 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 12, 1983. However, the exceptions
were not filed until May 16, 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
Director