U.S. Federal Labor Relations Authority

Search form

12:0713(136)AR - Medical Center For Federal Prisoners and AFGE Local 1612 -- 1983 FLRAdec AR

[ v12 p713 ]
The decision of the Authority follows:

 12 FLRA No. 136
                                            Case No. O-AR-581
                        ORDER DISMISSING EXCEPTIONS
    This case is before the Authority on exceptions to the award of
 Arbitrator Timothy J. Heinsz filed on behalf of the union pursuant to
 section 7122(a) of the Federal Service Labor-Management Relations
 Statute (5 U.S.C. 7101 et seq.) and section 2425.1 of the Authority's
 Rules and Regulations (5 CFR 2425.1 (1983)).  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
    The Arbitrator's award in this case, as included in the union's
 submission, is dated May 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 June 21, 1983.  However, the exceptions
 were not filed until June 22, 1983.  /1/ 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
 31, 1983
                                       James J. Shepard, Executive
 --------------- FOOTNOTES$ ---------------
    /1/ The union recognizes that its exceptions were filed beyond the
 June 21, 1983 deadline, but argues that the exceptions should be
 accepted as timely because:  (1) the date of the award should not be
 included in computing the time period;  (2) the exceptions were not
 received by the union until three days after the date of the award;  and
 (3) five days should be added to the prescribed time period pursuant to
 section 2429.22 of the Rules and Regulations since the award was served
 on the union by mail.  The union's arguments have been considered and
 rejected previously by the Authority in like cases as contrary to the
 Statute and the Authority's Rules and Regulations and well-established
 precedent and therefore must be rejected in this case.  See, e.g.,
 Department of the Army, Headquarters, U.S. Army Materiel and Development
 Command and National Federation of Federal Employees, Local 1332, 12
 FLRA No. 9 (1983), Motion for Reconsideration denied:  August 10, 1983;
 Federal Employees Metal Trades Council, Fort Benning, Georgia and U.S.
 Army Infantry Center, Fort Benning, Georgia, 6 FLRA No. 83 (1981),
 Motion for Reconsideration denied:  March 31, 1982.