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19:0255(33)AR - Warner Robins Air Logistics Center and AFGE Local 987 -- 1985 FLRAdec AR



[ v19 p255 ]
19:0255(33)AR
The decision of the Authority follows:


 19 FLRA No. 33
 
 WARNER ROBINS AIR LOGISTICS CENTER
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 987
 Union
 
                                             Case No. O-AR-1007
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case is before the Authority on exceptions to the award of
 Arbitrator Jack Clarke 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 reason stated
 below, it has been determined that the exceptions must be dismissed as
 untimely filed.
 
    The Arbitrator's award is dated May 28, 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
 242.922 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, that is, received in
 the national office of the Authority not later than the close of
 business on July 1, 1985.  Although the Union's exceptions are dated
 June 26, 1985, and the envelope containing them is postmarked June 27,
 1985, the exceptions were not filed with the Authority at its national
 office in Washington, D.C., until July 8, 1985.
 
    Accordingly, as the Union's exceptions were untimely filed, they are
 hereby dismissed.  For the Authority.  Issued, Washington, D.C., July
 25, 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).