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13:0585(99)AR - AFGE Local 1157 and Army and Air Force Exchange Service, Western Distribution Region, Oakland, CA -- 1984 FLRAdec AR



[ v13 p585 ]
13:0585(99)AR
The decision of the Authority follows:


 13 FLRA No. 99
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 1157
 (Union)
 
 and
 
 ARMY AND AIR FORCE EXCHANGE SERVICE,
 WESTERN DISTRIBUTION REGION,
 OAKLAND, CALIFORNIA
 (Activity)
 
                                            Case No. O-AR-671
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case is before the Authority on exceptions to the award of
 Arbitrator William Eaton 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 October 20, 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 November 18, 1983.  However, the
 exceptions were not filed until November 21, 1983.  The Union recognizes
 that its exceptions were untimely filed but, in effect requests a waiver
 of the expired time limits.  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, and apart
 from other considerations, they are hereby dismissed.
 
    For the Authority.
 
    Issued, Washington, D.C., January 12, 1984.
                                       James J. Shepard, Executive
                                       Director