23:0321(39)AR - SSA, Northeastern Program Service Center and AFGE Local 1760 -- 1986 FLRAdec AR
[ v23 p321 ]
23:0321(39)AR
The decision of the Authority follows:
23 FLRA No. 39
SOCIAL SECURITY ADMINISTRATION
NORTHEASTERN PROGRAM SERVICE CENTER
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1760, AFL-CIO
Union
Case No. 0-AR-1194
ORDER DISMISSING EXCEPTIONS
This case is before the Authority on exceptions to the award of
Arbitrator Bruno Stein 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 June 26, 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, that is, received in
the national office of the Authority not later than the close of
business on July 30, 1986. However, the Union's exceptions were not
filed with the Authority until July 31, 1986, and are therefore,
untimely.
Accordingly, as the Union's exceptions were untimely filed, they are
hereby dismissed.
For the Authority.
Issued, Washington, D.C., August 20, 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).