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12:0515(98)AR - VA Medical Center, Bronx, NY and AFGE Local 1168 -- 1983 FLRAdec AR



[ v12 p515 ]
12:0515(98)AR
The decision of the Authority follows:


 12 FLRA No. 98
 
 VETERANS ADMINISTRATION MEDICAL
 CENTER, BRONX, NEW YORK
 (Activity)
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 1168
 (Union)
 
                                            Case No. O-AR-605
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case is before the Authority on exceptions to the award of
 Arbitrator Marvin Schwartz filed by the activity 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 activity'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 activity's
 submission, is Dated June 28, 1983.  Therefore, under the Statute and
 the Authority's Rules and Regulations, the activity's exceptions had to
 be filed, i.e., received in the national office of the Authority, no
 later than the close of business on July 27, 1983.  However, the
 exceptions were not filed until July 28, 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 activity's exceptions were untimely filed, they
 are hereby dismissed.  For the Authority.  Issued, Washington, D.C.,
 August 10, 1983
                                       James J. Shepard, Executive
                                       Director