[ v21 p36 ]
21:0036(5)AR
The decision of the Authority follows:
21 FLRA No. 5
DEPARTMENT OF THE ARMY
U.S. ARMY COMBINED
ARMS CENTER AND FORT
LEAVENWORTH
Agency
and
AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
LOCAL 738
Case No. 0-AR-1090
ORDER DISMISSING EXCEPTIONS
This case is before the Authority on exceptions to the award of
Arbitrator Don Hamilton 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 reason stated below, it
has been determined that the exceptions must be dismissed as untimely
filed.
The Arbitrator' s award is dated December 26, 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, that is, received in
the national office of the Authority not later than the close of
business on January 29, 1986. However, the exceptions were not filed
with the Authority at its national office in Washington, D.C., until
January 31, 1986.
Accordingly, as the Union' s exceptions were untimely filed, they are
hereby dismissed.
For the Authority.
Issued, Washington, D.C., February 10, 1986
(s)---
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. 1. No. 98-224. 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).