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13:0587(100)AR - VA Medical Center, Oklahoma City, OK and AFGE Local No. 2562 -- 1984 FLRAdec AR



[ v13 p587 ]
13:0587(100)AR
The decision of the Authority follows:


 13 FLRA No. 100
 
 VETERANS ADMINISTRATION MEDICAL CENTER,
 OKLAHOMA CITY, OKLAHOMA
 (Activity)
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL No. 2562
 (Union)
 
                                            Case No. O-AR-677
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case is before the Authority on exceptions to the award of
 Arbitrator Don E. Hamilton 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 4, 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 2, 1983.  However, the exceptions
 were not filed until November 28, 1983.  The Union recognizes that its
 exceptions were untimely filed, but in effect requests a waiver of the
 expired time limit.  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., January 12, 1984
                                       James J. Shepard, Executive
                                       Director