12:0517(99)AR - Army, Fort Drum, NY and NAGE Local R2-61 -- 1983 FLRAdec AR
[ v12 p517 ]
12:0517(99)AR
The decision of the Authority follows:
12 FLRA No. 99
DEPARTMENT OF THE ARMY,
FORT DRUM, NEW YORK
(Activity)
and
NATIONAL ASSOCIATION OF
GOVERNMENT EMPLOYEES, LOCAL R2-61
(Union)
Case No. O-AR-595
ORDER DISMISSING EXCEPTIONS
This case is before the Authority on exceptions to the award of
Arbitrator Daniel C. Williams 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 8, 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 7, 1983. However, the exceptions
were not filed until July 11, 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