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15:0191(31)AR - Army, Army Troop Support Agency and Fort Lee, Virginia and AFGE Local 1178 -- 1984 FLRAdec AR



[ v15 p191 ]
15:0191(31)AR
The decision of the Authority follows:


 15 FLRA No. 31
 
 DEPARTMENT OF THE ARMY,
 U.S. ARMY TROOP SUPPORT AGENCY
 AND FORT LEE, VIRGINIA
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 1178
 Union
 
                                            Case No. O-AR-652
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case is before the Authority on exceptions to the award of
 Arbitrator James C. Oldham 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.
 
    The Arbitrator's award in this case is dated September 3, 1983, and
 appears to have been served on the Union by mail on the same day.
 
    Under section 7122(b) of the Statute, as amended, /1/ and section
 2425.1(b) of the Authority's Rules and Regulations, as amended, /2/
 which amendments are applicable to exceptions pending or filed with the
 Authority on or after March 2, 1984, and under sections 2429.21 and
 2429.22 of the Rules and Regulations, which are also applicable to
 computation of the time limit here involved, any exceptions to the
 Arbitrator's award in this case had to be filed with the Authority no
 later than the close of business on October 7, 1983.  However, the
 Union's exceptions were not filed until October 14, 1983.
 
    Accordingly, as the Union's exceptions were untimely filed, they are
 hereby dismissed.
 
    For the Authority.
 
    Issued, Washington, D.C., June 28, 1984
 
                                       Harold D. Kessler, Director
                                       Case Management
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ Section 7122(b) of the Statute was amended by the Civil Service
 Miscellaneous Amendments Act of 1983 (Pub. L. No. 98-224, Sec. 4, 98
 Stat. 47, 48 (1984)) to provide that the 30-day period for filing
 exceptions to an arbitrator's award begins on the date the award is
 served on the filing party.
 
 
    /2/ 49 Fed.Reg. 22623 (1984)