U.S. Federal Labor Relations Authority

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21:0048(10)AR - Patent and Trademark Office and Patent Office Professional Association -- 1986 FLRAdec AR

[ v21 p48 ]
The decision of the Authority follows:

 21 FLRA No. 10
                                            Case No. 0-AR-1097
                        ORDER DISMISSING EXCEPTIONS
    This case is before the Authority on exceptions to the award of
 Arbitrator Jacob Seidenberg 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
 dismissed as untimely filed.
    The Arbitrator's award is dated January 2, 1986, 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 February 5, 1986.  However the
 exceptions were not filed until February 7, 1986.  Therefore, the
 exceptions were untimely filed.
    Accordingly, as the Union's exceptions were untimely filed, they are
 hereby dismissed.
    For the Authority.
    Issued, Washington, D.C., February 24, 1986.
                                       Harold D. Kessler
                                       Director of Case Management
 --------------- FOOTNOTES$ ---------------
    /1/ Section 7122(b) of the Statute was amended by the Civil Service
 Miscellaneous Amendments Act of 1983 (Pub.L. 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
    /2/ 49 Fed.Reg. 22623 (1984).