13:0717(117)AR - Navy, Charleston Naval Shipyard, Charleston, SC and Federal Employees MTC -- 1984 FLRAdec AR

 13 FLRA No. 117
 
 DEPARTMENT OF THE NAVY
 CHARLESTON NAVAL SHIPYARD,
 CHARLESTON, SOUTH CAROLINA
 Activity
 
 and
 
 FEDERAL EMPLOYEES METAL TRADES COUNCIL
 Union
 
                                            Case No. O-AR-679
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case is before the Authority on exceptions to the award of
 Arbitrator W. Gary Vause filed on behalf of 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 28, 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 28, 1983.  However, the
 exceptions were not filed until November 29, 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., January 31, 1984
                                       James J. Shepard, Executive
                                       Director