15:0562(119)AR - Pacific Missile Test Center, Point Mugu, CA and NAGE Local R12-33 -- 1984 FLRAdec AR
[ v15 p562 ]
15:0562(119)AR
The decision of the Authority follows:
15 FLRA No. 119 PACIFIC MISSILE TEST CENTER, POINT MUGU, CALIFORNIA Activity and NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, LOCAL R12-33 Union Case No. O-AR-735 ORDER DISMISSING EXCEPTIONS This case is before the Authority on exceptions to the award of Arbitrator Joseph F. Gentile 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 February 13, 1984, and appears to have been served on the parties by mail on the same day. 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 March 19, 1984. However the exceptions were not filed until March 22, 1984. 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., August 16, 1984 Jan K. Bohren Executive Director/Administrator SOCIAL SECURITY ADMINISTRATION Activity and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1164, AFL-CIO Union Case No. O-AR-325 (14 FLRA No. 70) ORDER DENYING MOTION FOR RECONSIDERATION This case is before the Authority on a motion for reconsideration filed by the Union on June 21, 1984, seeking reconsideration of the Authority's Decision of May 8, 1984. For the reasons set forth below, the motion must be denied. Section 2429.17 of the Authority's Rules and Regulations, effective September 10, 1981, provides in pertinent part: 2429.17 Reconsideration. After a final decision or order of the Authority has been issued, a party to the proceeding before the Authority who can establish in its moving papers extraordinary circumstances for so doing, may move for reconsideration of such final decision or order. The motion shall be filed within 10 days after service of the Authority's decision or order. . . . The Authority's Decision was dated and served on the Union by mail on May 8, 1984. Therefore, under section 2429.17 of the Authority's Rules and Regulations, and sections 2429.21 and 2429.22, which are also applicable to the computation of the time limit here involved, the Union's motion for reconsideration was due in the national office of the Authority before the close of business on May 23, 1984. Since, as indicated above, the Union's motion was not filed until June 21, 1984, it is clearly untimely and must be denied. Accordingly, for the reason set forth above, IT IS ORDERED that the Union's motion for reconsideration in this case be, and it hereby is, denied. For the Authority. Issued, Washington, D.C., August 3, 1984 Jan K. Bohren, Executive Director/Administrator VETERANS ADMINISTRATION HOSPITAL Activity and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1633 Union Case No. O-AR-569 ORDER DENYING MOTION FOR RECONSIDERATION This case is before the Authority on a motion for reconsideration filed by the Activity seeking reconsideration of the Authority's Decision in the instant case. For the reason set forth below, the motion must be denied. Section 2429.17 of the Authority's Rules and Regulations, effective September 10, 1981, provides in pertinent part: 2429.17 Reconsideration. After a final decision or order of the Authority has been issued, a party to the proceeding before the Authority who can establish in its moving papers extraordinary circumstances for so doing, may move for reconsideration of such final decision or order. The motion shall be filed within 10 days after service of the Authority's decision or order. . . . The Authority's Decision was dated and served on the Activity by mail on February 21, 1984. Therefore, under section 2429.17 of the Authority's Rules and Regulations, and sections 2429.21 and 2429.22, which are also applicable to the computation of the time limit here involved, the Activity's motion for reconsideration was due in the national office of the Authority before the close of business on March 7, 1984. Since the Activity's motion was not filed until March 20, 1984, it is clearly untimely and must be denied. Accordingly, for the reason set forth above, IT IS ORDERED that the Activity's motion for reconsideration in this case be, and it hereby is, denied. For the Authority. Issued, Washington, D.C., August 3, 1984 Jan K. Bohren, Executive Director/Administrator MID-AMERICA PROGRAM SERVICE CENTER SOCIAL SECURITY ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, KANSAS CITY, MISSOURI Activity and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES (NATIONAL COUNCIL OF SOCIAL SECURITY PAYMENT CENTER LOCALS), LOCAL 1336 Union Case No. O-AR-376 ORDER DENYING MOTION FOR RECONSIDERATION This case is before the Authority on a motion filed by the Union on August 6, 1984, seeking reconsideration of the Authority's Decision of July 17, 1984, in which the Authority denied the Union's exceptions to the Arbitrator's award. For the reason set forth below, the motion must be denied. Section 2429.17 of the Authority's Rules and Regulations, effective September 10, 1981, provides in pertinent part: 2429.17 Reconsideration. After a final decision or order of the Authority has been issued, a party to the proceeding before the Authority who can establish in its moving papers extraordinary circumstances for so doing, may move for reconsideration of such final decision or order. The motion shall be filed within 10 days after service of the Authority's decision or order. . . . As indicated above, the Authority's Decision on the merits was dated and served on the union by mail on July 17, 1984. Therefore, under section 2429.17 of the Authority's Rules and Regulations, and sections 2429.21 and 2429.22, which are also applicable to the computation of the time limit here involved, the Union's motion for reconsideration was due in the national office of the Authority before the close of business on August 1, 1984. Since the Union's motion was not filed until August 6, 1984, it is clearly untimely and must be denied. Accordingly, the Union's motion for reconsideration in this case is hereby denied. For the Authority. Issued, Washington, D.C., August 16, 1984 Jan K. Bohren Executive Director/Administrator U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, SOCIAL SECURITY ADMINISTRATION, MID-AMERICA PROGRAM SERVICE CENTER Activity and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1336, AFL-CIO Union Case No. O-AR-736 ORDER DENYING MOTION FOR RECONSIDERATION This case is before the Authority on a motion filed by the Union on August 6, 1984, seeking reconsideration of the Authority's Decision of July 17, 1984, in which the Authority denied the Union's exceptions to the Arbitrator's award. For the reason set forth below, the motion must be denied. Section 2429.17 of the Authority's Rules and Regulations, effective September 10, 1981, provides in pertinent part: 2429.17 Reconsideration. After a final decision or order of the Authority has been issued, a party to the proceeding before the Authority who can establish in its moving papers extraordinary circumstances for so doing, may move for reconsideration of such final decision or order. The motion shall be filed within 10 days after service of the Authority's decision or order. . . . As indicated above, the Authority's Decision on the merits was dated and served on the union by mail on July 17, 1984. Therefore, under section 2429.17 of the Authority's Rules and Regulations, and sections 2429.21 and 2429.22, which are also applicable to the computation of the time limit here involved, the Union's motion for reconsideration was due in the national office of the Authority before the close of business on August 1, 1984. Since the Union's motion was not filed until August 6, 1984, it is clearly untimely and must be denied. Accordingly, the Union's motion for reconsideration in this case is hereby denied. For the Authority. Issued, Washington, D.C., August 16, 1984 Jan K. Bohren Executive Director/Administrator --------------- FOOTNOTES$ --------------- /1/ Section 7122(b) of the Statute was amended by the Civil Service Miscellaneous Amendments Act of 1983 (Pub. L. No. 98-224, Sec. 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).