20:0809(100)AR - The Panama Canal Commission and Maritime Metal Trades Council -- 1985 FLRAdec AR

[ v20 p809 ]
The decision of the Authority follows:

 20 FLRA No. 100
                                            Case No. 0-AR-1059
                        ORDER DISMISSING EXCEPTIONS
    This case is before the Authority on exceptions to the award of
 Arbitrator Seymour Strongin filed by the Maritime Metal Trades Council,
 AFL-CIO (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 October 3, 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, that is, received in
 the national office of the Authority not later than the close of
 business on November 6, 1985.  However, the exceptions were not filed
 with the Authority at its national office in Washington, D.C., until
 November 20, 1985, after having been mistakenly filed with the
 Authority's Dallas Regional Office on November 19, 1985.
    Accordingly, as the Union's exceptions were untimely filed, they are
 hereby dismissed.
    For the Authority.
    Issued, Washington, D.C., December 9, 1985
                                       /s/ Harold D. Kessler
                                       Managing Director for Case
    (1) Section 7122(b) of the Statute was amended by the Civil Service
 Miscellaneous Amendments Act of 1983 (Pub. L. No. 98-224, Section 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).