18:0766(91)AR - NAGE Local R1-25 and Brocton / West Roxbury VA Medical Center -- 1985 FLRAdec AR

 18 FLRA No. 91
 
 NATIONAL ASSOCIATION OF GOVERNMENT 
 EMPLOYEES, LOCAL R1-25 
 Union 
 
 and
 
 BROCKTON/WEST ROXBURY VETERANS 
 ADMINISTRATION MEDICAL CENTER 
 Activity
 
                                            Case No. 0-AR-975
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case is before the Authority on exceptions to the award of
 Arbitrator Francis T. O'Brien filed by the Agency 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 April 4, 1985, 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 May 8, 1985.  However the exceptions
 were not filed until May 13, 1985.  Therefore, the exceptions were
 untimely filed.
 
    Accordingly, as the Agency's exceptions were untimely filed, they are
 hereby dismissed.  For the Authority.  Issued, Washington, D.C., June
 26, 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).