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12:0322(73)AR - AFGE Local 1882 and VA Medical Center -- 1983 FLRAdec AR



[ v12 p322 ]
12:0322(73)AR
The decision of the Authority follows:


 12 FLRA No. 73
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 1882
 (Union)
 
 and
 
 VETERANS ADMINISTRATION MEDICAL CENTER
 (Activity)
 
                                            Case No. O-AR-575
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case is before the Authority on exceptions to the award of
 Arbitrator Mueller 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 May 12, 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 10, 1983.  However, the exceptions
 were not filed until June 15, 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
 21, 1983
                                       James J. Shepard, Executive
                                       Director