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U.S. Federal Labor Relations Authority

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18:0086(15)AR - Edwards AFB and AFGE Local 3854 -- 1985 FLRAdec AR

[ v18 p86 ]
The decision of the Authority follows:

 18 FLRA No. 15
                                            Case No. 0-AR-954
                        ORDER DISMISSING EXCEPTIONS
    This case is before the Authority on exceptions to the award of
 Arbitrator C. Chester Brisco 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 27, 1985, and appears to
 have been served on the parties by mail on March 1, 1985.
    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 April 4, 1985.  However the
 exceptions were not filed until April 8, 1985.  Therefore, the
 exceptions were untimely filed.
    Accordingly, and apart from other considerations, the Union's
 exceptions are hereby dismissed.  For the Authority.  Issued,
 Washington, D.C., May 22, 1985
                                       Harold D. Kessler
                                       Managing Director for Case
 --------------- 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).