13:0079(20)AR - Scott AFB, IL and NAGE Local R7-23 -- 1983 FLRAdec AR
[ v13 p79 ]
13:0079(20)AR
The decision of the Authority follows:
13 FLRA No. 20
SCOTT AIR FORCE BASE, ILLINOIS
(Agency)
and
NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, LOCAL R7-23
(Union)
Case No. O-AR-638
ORDER DISMISSING EXCEPTIONS
This case is before the Authority on exceptions to the award of
Arbitrator Joseph V. McKenna 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 August 16, 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 September 14, 1983. However, the
exceptions were not filed until September 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.,
September 27, 1983
James J. Shepard, Executive
Director