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17:0004(2)AR - Army Military Ocean Terminal, Sunny Point,Southport, NC and AFGE Local 1708 -- 1985 FLRAdec AR



[ v17 p4 ]
17:0004(2)AR
The decision of the Authority follows:


 17 FLRA No. 2
 
 DEPARTMENT OF THE ARMY MILITARY
 OCEAN TERMINAL, SUNNY POINT
 SOUTHPORT, NORTH CAROLINA
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 1708, AFL-CIO
 Union
 
                                            Case No. O-AR-879
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case is before the Authority on exceptions to the award of
 Arbitrator E. H. Rayson filed on behalf of 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.
 
    On November 23, 1984, the Union filed exceptions to the Arbitrator's
 award in the instant case.  On January 14, 1985, the Authority issued a
 deficiency letter to the Union advising it that the exceptions were
 deficient and affording it an opportunity to perfect its appeal.
 Thereafter, on January 23, 1985, the Union submitted to the Authority a
 copy of the Arbitrator's award.
 
    The Arbitrator's award is dated October 15, 1984, and appears to have
 been served on the parties 0y mail 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 applica0le 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 not
 later than the close of business on November 19, 1984.  However, the
 exceptions were not filed until November 23, 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., January
 31, 1985
                                       Harold D. Kessler
                                       Managing Director for Case
                                       Processing
 
 
 
 
 
 
 --------------- 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).