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23:0458(64)AR - Defense Mapping Agency, Hydrographic/Topographic Center and AFGE Local 3407 -- 1986 FLRAdec AR



[ v23 p458 ]
23:0458(64)AR
The decision of the Authority follows:


 23 FLRA No. 64
 
 DEFENSE MAPPING AGENCY
 HYDROGRAPHIC/TOPOGRAPHIC CENTER
 Agency
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT 
 EMPLOYEES, LOCAL 3407
 Union
 
                                            Case No. 0-AR-1196
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case is before the Authority on exceptions to the award of
 Arbitrator James M. Harkless 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 be
 dismissed as untimely filed.
 
    The Arbitrator's award is dated June 5, 1986, and appears to have
 been served on the parties by mail on July 3, 1986.
 
    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 August 6, 1986.  However, the
 exceptions were not filed until August 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., September 26, 1986.
                                       /s/ Harold D. Kessler
                                       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).