12:0631(123)AR - Education, Office of Civil Rights and AFGE Local 3887 -- 1983 FLRAdec AR

 12 FLRA No. 123
 
 DEPARTMENT OF EDUCATION,
 OFFICE OF CIVIL RIGHTS
 (Activity)
 
 and
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, LOCAL 3887
 (Union)
 
                                            Case No. O-AR-604
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case is before the Authority on exceptions to the award of
 Arbitrator Sherman Dallas 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 June 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 July 22, 1983.  However, the exceptions
 were not filed until July 27, 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., August
 22, 1983
                                       James J. Shepard, Executive
                                       Director