15:0202(37)AR - AFGE and SSA -- 1984 FLRAdec AR

[ v15 p202 ]
The decision of the Authority follows:

 15 FLRA No. 37
                                            Case No. O-AR-726
                        ORDER DISMISSING EXCEPTIONS
    This case is before the Authority on exceptions to the award of
 Arbitrator James V. Altieri filed by the grievant 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 exceptions must be
    The Arbitrator's award is dated January 24, 1984, and appears to have
 been served on the parties, i.e., the Union and the Agency, 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 February 27, 1984.  However, the
 exceptions were not filed until February 28, 1984.  Therefore, the
 exceptions were untimely filed.
    Moreover, it is well-established that under the Authority's Rules and
 Regulations only the parties in the proceeding before the arbitrator are
 entitled to filed exceptions to the arbitrator's award with the
 Authority.  /3/ Since it appears that the grievant did not participate
 as a "party" in the proceeding before the Arbitrator, she was not
 entitled to file the instant exceptions.
    Accordingly, the exceptions are hereby dismissed.
    For the Authority.
    Issued, Washington, D.C., June 29, 1984
                                       Harold D. Kessler, Director, Case
 --------------- 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).
    /3/ Social Security Administration, Headquarters Bureaus and Offices
 in Baltimore and SSA Local 1923, American Federation of Government
 Employees, AFL-CIO, 2 FLRA 37 (1979).