[ v09 p917 ]
09:0917(126)AR
The decision of the Authority follows:
9 FLRA No. 126 DEPARTMENT OF HEALTH AND HUMAN SERVICES, SOCIAL SECURITY ADMINISTRATION, REGION IV, ATLANTA, GEORGIA (Activity) and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2268 (Union) Case No. O-AR-409 ORDER DISMISSING EXCEPTIONS THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF ARBITRATOR SIDNEY SHERMAN FILED BY 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, THE UNION'S EXCEPTIONS MUST BE DISMISSED AS UNTIMELY. UNDER SECTION 7122(B) OF THE STATUTE AND SECTION 2425.1(B) OF THE AUTHORITY'S RULES AND REGULATIONS, THE TIME LIMIT FOR FILING AN EXCEPTION TO AN ARBITRATION AWARD IS THIRTY DAYS BEGINNING ON AND INCLUDING THE DATE ON THE AWARD. ADDITIONALLY, UNDER SECTION 2429.21 OF THE RULES AND REGULATIONS, WHENEVER THE REGULATIONS REQUIRE THE FILING OF A DOCUMENT, SUCH DOCUMENT MUST BE RECEIVED BY THE AUTHORITY BEFORE THE CLOSE OF BUSINESS ON THE LAST DAY OF THE TIME LIMIT. THE ARBITRATOR'S AWARD IN THIS CASE, AS INCLUDED IN THE ACTIVITY'S SUBMISSION, IS DATED JUNE 8, 1982. THEREFORE, UNDER THE ABOVE-CITED PROVISIONS, THE UNION'S EXCEPTIONS WERE DUE IN THE NATIONAL OFFICE OF THE AUTHORITY BEFORE THE CLOSE OF BUSINESS ON JULY 7, 1982. HOWEVER, THE UNION'S EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL JULY 9, 1982. IN THAT REGARD, THE AUTHORITY IS NOT EMPOWERED TO WAIVE OR EXTEND THE TIME LIMIT FOR FILING EXCEPTIONS TO ARBITRATION AWARDS. ACCORDINGLY, AS THE UNION'S EXCEPTIONS WERE UNTIMELY FILED, THE EXCEPTIONS ARE HEREBY DISMISSED. FOR THE AUTHORITY. ISSUED, WASHINGTON, D.C., AUGUST 12, 1982 JAMES J. SHEPARD, EXECUTIVE DIRECTOR