15:0572(122)AR - AFGE and Sharpe Army Depot -- 1984 FLRAdec AR

[ v15 p572 ]
The decision of the Authority follows:

 15 FLRA No. 122
                                            Case No. O-AR-805
                        ORDER DISMISSING EXCEPTIONS
    This case is before the Authority on exceptions to the award of
 Arbitrator Eamonn Barrett 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 May 21, 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 June 25, 1984.  However, the
 exceptions were not filed until June 27, 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 23, 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).