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15:0326(68)AR - AFGE Local 3787 and SSA, Harlingen, TX -- 1984 FLRAdec AR



[ v15 p326 ]
15:0326(68)AR
The decision of the Authority follows:


 15 FLRA No. 68
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 3787
 Union
 
 and
 
 SOCIAL SECURITY ADMINISTRATION,
 HARLINGTON, TEXAS
 Activity
 
                                            Case No. O-AR-773
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case is before the Authority on exceptions to the award of
 Arbitrator Bernard Marcus 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 exceptions must be dismissed as
 untimely filed.
 
    The Arbitrator's undated award appears to have been served on the
 parties by mail in March 1984, and received on April 2, 1984.
 
    Under section 7122(b) of the Statute, as amended, /1/ and section
 2425.1 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 section 2429.21 of the
 Rules and Regulations, which is 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 May 1, 1984.  However the exceptions were not filed until
 May 10, 1984.  Therefore, the exceptions were untimely filed.
 
    Accordingly, as the Union's exceptions were untimely filed, they are
 hereby dismissed.
 
    For the Authority.
 
    Issued, Washington, D.C., July 18, 1984
                                       Jan K. Bohren
                                       Executive Director/Administrator
 
 
 
 
 
 
 --------------- 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).