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13:0110(28)AR - NLRB Region 16 and NLRBU Local 16 -- 1983 FLRAdec AR

[ v13 p110 ]
The decision of the Authority follows:

 13 FLRA No. 28
                                            Case No. O-AR-635
                        ORDER DISMISSING EXCEPTIONS
    This case is before the Authority on exceptions to the award of
 Arbitrator Barnett M. Goodstein filed by 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
    The Arbitrator's award in this case, as included in the Agency's
 submission, is dated August 9, 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 7, 1983.  However, the
 exceptions were not filed until September 8, 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 27, 1983
                                       Harold I. Kessler
                                       for James J. Shepard, Executive