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12:0633(124)AR - VA, Bay Pines Medical Center and AFGE Local 547 -- 1983 FLRAdec AR



[ v12 p633 ]
12:0633(124)AR
The decision of the Authority follows:


 12 FLRA No. 124
 
 VETERANS ADMINISTRATION, BAY PINES
 MEDICAL CENTER
 (Activity)
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 547
 (Union)
 
                                            Case No. O-AR-609
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case is before the Authority on exceptions to the award of
 Arbitrator Lawrence Kanzer 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 July 5, 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 August 3, 1983.  However, the exceptions
 were not filed until August 4, 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 22, 1983
                                       James J. Shepard, Executive
                                       Director