[ v18 p766 ]
18:0766(91)AR
The decision of the Authority follows:
18 FLRA No. 91
NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, LOCAL R1-25
Union
and
BROCKTON/WEST ROXBURY VETERANS
ADMINISTRATION MEDICAL CENTER
Activity
Case No. 0-AR-975
ORDER DISMISSING EXCEPTIONS
This case is before the Authority on exceptions to the award of
Arbitrator Francis T. O'Brien filed by the Agency 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 April 4, 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 May 8, 1985. However the exceptions
were not filed until May 13, 1985. Therefore, the exceptions were
untimely filed.
Accordingly, as the Agency's exceptions were untimely filed, they are
hereby dismissed. For the Authority. Issued, Washington, D.C., June
26, 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).