[ v11 p21 ]
11:0021(11)AR
The decision of the Authority follows:
11 FLRA No. 11
PENNSYLVANIA STATE COUNCIL,
ASSOCIATION OF CIVILIAN TECHNICIANS
(Union)
and
THE ADJUTANT GENERAL OF PENNSYLVANIA,
PENNSYLVANIA ARMY NATIONAL GUARD
(Activity)
Case No. O-AR-464
ORDER DISMISSING EXCEPTIONS
This case is before the Authority on exceptions to the award of
Arbitrator Joseph M. Leib filed on behalf of 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.
The agency filed an opposition to the exceptions alleging, among other
things, that the exceptions were untimely filed; and the union disputed
the agency's allegations. For the reasons stated below, it has been
determined that the union's exceptions were untimely filed and must be
dismissed on that basis.
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, any such exception 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 is dated October 12, 1982.
Therefore, under the Statute and the Authority's Rules and Regulations,
the union's exceptions had to be filed, i.e., received in the national
office of the Authority, no later than the close of business on November
10, 1982. However, the union's exceptions were not filed with the
Authority until November 12, 1982. In that regard, and as provided in
section 2429.23(c) of the Rules and Regulations, the time limit for
filing exceptions to an arbitration award may not be extended or waived
by the Authority.
Accordingly, as the union's exceptions were untimely filed, they are
hereby dismissed. For the Authority. Issued, Washington, D.C., January
7, 1983
James J. Shepard, Executive
Director