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36:0702(72)AR - ACT and Division of Military and Naval Affairs, State of New York - - 1988 FLRAdec NG



[ v36 p702 ]
36:0702(72)AR
The decision of the Authority follows:


36 FLRA No. 72



U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(Agency)

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
LOCAL 2403
(Union)

0-AR-1960

ORDER DISMISSING EXCEPTIONS

August 17, 1990

On July 19, 1990 the Authority issued an Order directing the Agency to show cause why its exceptions to the award of Arbitrator George G. Brudney in the above-captioned case should not be dismissed as untimely. The Authority's Order stated that the Agency's response must be filed by July 30, 1990, and that failure to comply with the Order will result in dismissal of the Agency's exceptions.

The Agency filed its response to the Authority's Order on August 2, 1990. 1 The Agency did not request an extension of time to file its response to the Authority's Order and has not asserted or established any extraordinary circumstances warranting review of its response. The Agency's representative asserts only that as he was on leave from July 20 to July 27, 1990, he was "again ... not able to act on the Authority's Order
in a timely fashion(.)" The [PAGE] Agency's representative does not establish, however, that its response, consisting of one page, could not have been timely filed (for example, being deposited in the U.S. Mail) on July 30, 1990. 

The Agency has failed to comply with the express time limit stated in the Authority's Order of July 19, 1990. Accordingly, the Agency's exceptions are dismissed.

For the Authority.

Alicia N. Columna
Director, Case Control Office




FOOTNOTES:
(If blank, the decision does not have footnotes.)