15:0562(119)AR - Pacific Missile Test Center, Point Mugu, CA and NAGE Local R12-33 -- 1984 FLRAdec AR
[ v15 p562 ]
15:0562(119)AR
The decision of the Authority follows:
15 FLRA No. 119
PACIFIC MISSILE TEST CENTER,
POINT MUGU, CALIFORNIA
Activity
and
NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, LOCAL R12-33
Union
Case No. O-AR-735
ORDER DISMISSING EXCEPTIONS
This case is before the Authority on exceptions to the award of
Arbitrator Joseph F. Gentile 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 award is dated February 13, 1984, and appears to
have been served on the parties by mail on the same day.
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 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 March 19, 1984. However the
exceptions were not filed until March 22, 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., August 16, 1984
Jan K. Bohren
Executive Director/Administrator
SOCIAL SECURITY ADMINISTRATION
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1164, AFL-CIO
Union
Case No. O-AR-325
(14 FLRA No. 70)
ORDER DENYING MOTION FOR RECONSIDERATION
This case is before the Authority on a motion for reconsideration
filed by the Union on June 21, 1984, seeking reconsideration of the
Authority's Decision of May 8, 1984. For the reasons set forth below,
the motion must be denied.
Section 2429.17 of the Authority's Rules and Regulations, effective
September 10, 1981, provides in pertinent part:
2429.17 Reconsideration.
After a final decision or order of the Authority has been
issued, a party to the proceeding before the Authority who can
establish in its moving papers extraordinary circumstances for so
doing, may move for reconsideration of such final decision or
order. The motion shall be filed within 10 days after service of
the Authority's decision or order. . . .
The Authority's Decision was dated and served on the Union by mail on
May 8, 1984. Therefore, under section 2429.17 of the Authority's Rules
and Regulations, and sections 2429.21 and 2429.22, which are also
applicable to the computation of the time limit here involved, the
Union's motion for reconsideration was due in the national office of the
Authority before the close of business on May 23, 1984. Since, as
indicated above, the Union's motion was not filed until June 21, 1984,
it is clearly untimely and must be denied.
Accordingly, for the reason set forth above,
IT IS ORDERED that the Union's motion for reconsideration in this
case be, and it hereby is, denied.
For the Authority.
Issued, Washington, D.C., August 3, 1984
Jan K. Bohren, Executive
Director/Administrator
VETERANS ADMINISTRATION HOSPITAL
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1633
Union
Case No. O-AR-569
ORDER DENYING MOTION FOR RECONSIDERATION
This case is before the Authority on a motion for reconsideration
filed by the Activity seeking reconsideration of the Authority's
Decision in the instant case. For the reason set forth below, the
motion must be denied.
Section 2429.17 of the Authority's Rules and Regulations, effective
September 10, 1981, provides in pertinent part:
2429.17 Reconsideration.
After a final decision or order of the Authority has been
issued, a party to the proceeding before the Authority who can
establish in its moving papers extraordinary circumstances for so
doing, may move for reconsideration of such final decision or
order. The motion shall be filed within 10 days after service of
the Authority's decision or order. . . .
The Authority's Decision was dated and served on the Activity by mail
on February 21, 1984. Therefore, under section 2429.17 of the
Authority's Rules and Regulations, and sections 2429.21 and 2429.22,
which are also applicable to the computation of the time limit here
involved, the Activity's motion for reconsideration was due in the
national office of the Authority before the close of business on March
7, 1984. Since the Activity's motion was not filed until March 20,
1984, it is clearly untimely and must be denied.
Accordingly, for the reason set forth above,
IT IS ORDERED that the Activity's motion for reconsideration in this
case be, and it hereby is, denied.
For the Authority.
Issued, Washington, D.C., August 3, 1984
Jan K. Bohren, Executive
Director/Administrator
MID-AMERICA PROGRAM SERVICE CENTER
SOCIAL SECURITY ADMINISTRATION,
U.S. DEPARTMENT OF HEALTH AND HUMAN
SERVICES, KANSAS CITY, MISSOURI
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES (NATIONAL COUNCIL OF
SOCIAL SECURITY PAYMENT CENTER
LOCALS), LOCAL 1336
Union
Case No. O-AR-376
ORDER DENYING MOTION FOR RECONSIDERATION
This case is before the Authority on a motion filed by the Union on
August 6, 1984, seeking reconsideration of the Authority's Decision of
July 17, 1984, in which the Authority denied the Union's exceptions to
the Arbitrator's award. For the reason set forth below, the motion must
be denied.
Section 2429.17 of the Authority's Rules and Regulations, effective
September 10, 1981, provides in pertinent part:
2429.17 Reconsideration.
After a final decision or order of the Authority has been
issued, a party to the proceeding before the Authority who can
establish in its moving papers extraordinary circumstances for so
doing, may move for reconsideration of such final decision or
order. The motion shall be filed within 10 days after service of
the Authority's decision or order. . . .
As indicated above, the Authority's Decision on the merits was dated
and served on the union by mail on July 17, 1984. Therefore, under
section 2429.17 of the Authority's Rules and Regulations, and sections
2429.21 and 2429.22, which are also applicable to the computation of the
time limit here involved, the Union's motion for reconsideration was due
in the national office of the Authority before the close of business on
August 1, 1984. Since the Union's motion was not filed until August 6,
1984, it is clearly untimely and must be denied.
Accordingly, the Union's motion for reconsideration in this case is
hereby denied.
For the Authority.
Issued, Washington, D.C., August 16, 1984
Jan K. Bohren
Executive Director/Administrator
U.S. DEPARTMENT OF HEALTH AND HUMAN
SERVICES, SOCIAL SECURITY ADMINISTRATION,
MID-AMERICA PROGRAM SERVICE CENTER
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1336, AFL-CIO
Union
Case No. O-AR-736
ORDER DENYING MOTION FOR RECONSIDERATION
This case is before the Authority on a motion filed by the Union on
August 6, 1984, seeking reconsideration of the Authority's Decision of
July 17, 1984, in which the Authority denied the Union's exceptions to
the Arbitrator's award. For the reason set forth below, the motion must
be denied.
Section 2429.17 of the Authority's Rules and Regulations, effective
September 10, 1981, provides in pertinent part:
2429.17 Reconsideration.
After a final decision or order of the Authority has been
issued, a party to the proceeding before the Authority who can
establish in its moving papers extraordinary circumstances for so
doing, may move for reconsideration of such final decision or
order. The motion shall be filed within 10 days after service of
the Authority's decision or order. . . .
As indicated above, the Authority's Decision on the merits was dated
and served on the union by mail on July 17, 1984. Therefore, under
section 2429.17 of the Authority's Rules and Regulations, and sections
2429.21 and 2429.22, which are also applicable to the computation of the
time limit here involved, the Union's motion for reconsideration was due
in the national office of the Authority before the close of business on
August 1, 1984. Since the Union's motion was not filed until August 6,
1984, it is clearly untimely and must be denied.
Accordingly, the Union's motion for reconsideration in this case is
hereby denied.
For the Authority.
Issued, Washington, D.C., August 16, 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).