18:0084(14)AR - HHS, SSA and AFGE Local 1923 -- 1985 FLRAdec AR

 18 FLRA No. 14
 
 DEPARTMENT OF HEALTH AND HUMAN 
 SERVICES, SOCIAL SECURITY ADMINISTRATION 
 Agency 
 
 and 
 
 AMERICAN FEDERATION OF GOVERNMENT 
 EMPLOYEES, LOCAL 1923 
 Union
 
                                            Case No. 0-AR-959
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case is before the Authority on exceptions to the award of
 Arbitrator Joseph M. Stone 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 March 11, 1985, 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 April 15, 1985.  However the
 exceptions were not filed until April 17, 1985.  Therefore, the
 exceptions were untimely filed.
 
    Accordingly, and apart from other considerations the Union's
 exceptions are hereby dismissed.  For the Authority.  Issued,
 Washington, D.C., May 22, 1985
                                       Harold D. Kessler
                                       Managing Director for Case
                                       Processing
 
 
 
 
 
 
 --------------- 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).