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12:0715(137)AR - HHS, SSA, Mid-America Program Service Center and AFGE, National Council of SS Payment Center Locals, Local 1336 -- 1983 FLRAdec AR



[ v12 p715 ]
12:0715(137)AR
The decision of the Authority follows:


 12 FLRA No. 137
 
 U.S. DEPARTMENT OF HEALTH AND
 HUMAN SERVICES, SOCIAL SECURITY
 ADMINISTRATION, MID-AMERICA PROGRAM
 SERVICE CENTER
 (Activity)
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, NATIONAL COUNCIL
 OF SOCIAL SECURITY PAYMENT CENTER
 LOCALS, LOCAL 1336
 (Union)
 
                                            Case No. O-AR-617
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case is before the Authority on exceptions to the award of
 Arbitrator Kirby J. Smith 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 July 14, 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 August 14, 1983.  However, the exceptions
 were not filed until August 15, 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
 31, 1983.
                                       James J. Shepard, Executive
                                       Director