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21:0839(101)AR - Local Lodge 39, IAM and Naval Air Rework Facility -- 1986 FLRAdec AR



[ v21 p839 ]
21:0839(101)AR
The decision of the Authority follows:


 21 FLRA No. 101
 
 LOCAL LODGE 39, INTERNATIONAL ASSOCIATION 
 OF MACHINISTS AND AEROSPACE
 WORKERS
 Union
 
 and
 
 NAVAL AIR REWORK FACILITY
 Activity
 
                                            Case No. 0-AR-1135
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case is before the Authority on exceptions to the award of
 Arbitrator Herbert Fishgold filed by the Department of the Navy (the
 Agency) on behalf of the Activity 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 March 25, 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 April 28, 1986.  However the
 exceptions were not filed until April 29, 1986.  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., May 15, 1986.
                                       /s/ 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, 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).