11:0023(12)AR - Army Engineers, District Nashville, Nashville, TN and International Brotherhood Of Electrical Workers, Local 2080 -- 1983 FLRAdec AR

 11 FLRA No. 12
 
 U.S. ARMY ENGINEERS,
 DISTRICT NASHVILLE,
 NASHVILLE, TENNESSEE
 (Activity)
 
 and
 
 INTERNATIONAL BROTHERHOOD
 OF ELECTRICAL WORKERS,
 LOCAL 2080
 (Union)
 
                                            Case No. O-AR-476
 
                        ORDER DISMISSING EXCEPTIONS
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Sherman Dallas 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, 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, 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, as included in the union's
 submission, is dated November 2, 1982.  Therefore, under the Statute and
 the Authority's Rules and Regulations, the union's exceptions had to be
 filed, i.e., received, no later than the close of business on December
 1, 1982.  However, the exceptions, postmarked December 2, 1982, were not
 filed with the Authority until December 6, 1982.  In that regard, and as
 provided in section 2429.23(d) 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 14, 1983
 
                                       James J. Shepard, Executive
                                       Director