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13:0055(11)AR - Federal Grain Inspection Service, Agriculture, Pasadena, TX and AFGE, National Council of Grain Inspection Locals -- 1983 FLRAdec AR



[ v13 p55 ]
13:0055(11)AR
The decision of the Authority follows:


 13 FLRA No. 11
 
 FEDERAL GRAIN INSPECTION SERVICE,
 U.S. DEPARTMENT OF AGRICULTURE,
 PASADENA, TEXAS
 (Activity)
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, NATIONAL COUNCIL
 OF GRAIN INSPECTION LOCALS
 (Union)
 
                                            Case No. O-AR-634
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case is before the Authority on exceptions to the award of
 Arbitrator Bernard Marcus filed by the U.S. Department of Agriculture
 (the Agency) 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 Agency'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 Agency's
 submission, is dated August 8, 1983.  Therefore, under the Statute and
 the Authority's Rules and Regulations, the Agency's exceptions had to be
 filed, i.e., received in the national office of the Authority, no later
 than the close of business on September 6, 1983.  However, the
 exceptions were not filed until September 7, 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 Agency's exceptions were untimely filed, they are
 hereby dismissed.  For the Authority.  Issued, Washington, D.C.,
 September 19, 1983
                                       James J. Shepard, Executive
                                       Director