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