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21:0036(5)AR - Army, Army Combined Arms Center and Fort Leavenworth and AFGE Local 738 -- 1986 FLRAdec AR



[ v21 p36 ]
21:0036(5)AR
The decision of the Authority follows:


 21 FLRA No. 5
 
 DEPARTMENT OF THE ARMY 
 U.S. ARMY COMBINED 
 ARMS CENTER AND FORT
 LEAVENWORTH
 Agency
 
 and
 
 AMERICAN FEDERATION OF 
 GOVERNMENT EMPLOYEES, 
 LOCAL 738
 
                                            Case No. 0-AR-1090
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case is before the Authority on exceptions to the award of
 Arbitrator Don Hamilton 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 December 26, 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 January 29, 1986.  However, the exceptions were not filed
 with the Authority at its national office in Washington, D.C., until
 January 31, 1986.
 
    Accordingly, as the Union' s exceptions were untimely filed, they are
 hereby dismissed.
 
    For the Authority.
 
    Issued, Washington, D.C., February 10, 1986
                                       (s)---
                                       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. 1. No. 98-224. 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).