13:0583(98)AR - Fitzsimons Army Medical Center and AFGE Local 2214 -- 1984 FLRAdec AR

 13 FLRA No. 98
 
 FITZSIMONS ARMY MEDICAL CENTER
 (Activity)
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 2214
 (Union)
 
                                            Case No. O-AR-669
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case is before the Authority on exceptions to the award of
 Arbitrator William E. Rentfro filed by Ruby L. Bailey (the grievant)
 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 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 is dated October 19, 1983.
 Therefore, under the Statute and the Authority's Rules and regulations,
 any exceptions had to be filed, i.e., received in the national office of
 the Authority, no later than the close of business on November 17, 1983.
  However, the exceptions were not filed until November 18, 1983, on
 which date the exceptions were filed in the Authority's Denver Regional
 Office.  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 exceptions were untimely filed, and apart from
 other considerations, they are hereby dismissed.
 
    For the Authority.
 
    Issued, Washington, D.C., January 12, 1984
                                       James J. Shepard, Executive
                                       Director