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14:0055(10)AR - Bremerton Metal Trades Council, In Behalf of IAM, District Lodge 160 and Donald Stotts and Naval Undersea Warfare Engineering Station, Keyport, WA -- 1984 FLRAdec AR



[ v14 p55 ]
14:0055(10)AR
The decision of the Authority follows:


 14 FLRA No. 10
 
 BREMERTON METAL TRADES COUNCIL,
 IN BEHALF OF IAM, DISTRICT LODGE 160
 AND DONALD STOTTS
 Union
 
 and
 
 NAVAL UNDERSEA WARFARE ENGINEERING STATION
 KEYPORT, WASHINGTON
 Activity
 
                                               Case No. O-AR-699
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case is before the Authority on exceptions to the award of
 Arbitrator Kenneth M. McCaffree 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 November 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 December 27, 1983.  However, the
 exceptions were not filed until December 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., February 15, 1984
 
                                       Harold D. Kessler
                                       Director, Case Management