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13:0349(59)AR - AFGE Local 1395 and SSA -- 1983 FLRAdec AR

[ v13 p349 ]
The decision of the Authority follows:

 13 FLRA No. 59
                                            Case No. O-AR-654
                        ORDER DISMISSING EXCEPTIONS
    This case is before the Authority on exceptions to the award of
 Arbitrator James R. Cox 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
    The Arbitrator's award in this case, as included in the Union's
 submission, is dated September 13, 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 October 12, 1983.  However, the
 exceptions were not filed until October 14, 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.,
 November 1, 1983
                                       James J. Shepard, Executive