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16:0573(80)AR - Defense Depot Tracy and Laborers International Union of North American, Local 1276 -- 1984 FLRAdec AR



[ v16 p573 ]
16:0573(80)AR
The decision of the Authority follows:


 16 FLRA No. 80
 
 DEFENSE DEPOT TRACY
 Agency
 
 and
 
 LABORERS INTERNATIONAL UNION
 OF NORTH AMERICAN, AFL-CIO, LOCAL 1276
 Union
 
                                            Case No. O-AR-853
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case is before the Authority on exceptions to the award of
 Arbitrator Thomas Angelo 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 Union's exceptions must be
 dismissed as untimely filed.
 
    The Arbitrator's award is dated August 27, 1984, and appears to have
 been served on the parties by mail 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
 2429.27 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 1, 1984.  However, the
 Union's exceptions were not filed until October 4, 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., November 21, 1984
 
                                       Jan K. Bohren
                                       Executive Director/Administrator