[ v12 p515 ]
12:0515(98)AR
The decision of the Authority follows:
12 FLRA No. 98 VETERANS ADMINISTRATION MEDICAL CENTER, BRONX, NEW YORK (Activity) and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1168 (Union) Case No. O-AR-605 ORDER DISMISSING EXCEPTIONS This case is before the Authority on exceptions to the award of Arbitrator Marvin Schwartz filed by the activity 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 activity's exceptions must be dismissed as untimely filed. Under section 7122(b) of the Statute and section 2425.1 of the Authority's Rules and Regulations, the time limit for filing an exception to an arbitration award is 30 days beginning on and including the date of 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 prescribed time limit. The Arbitrator's award in this case, as included in the activity's submission, is Dated June 28, 1983. Therefore, under the Statute and the Authority's Rules and Regulations, the activity's exceptions had to be filed, i.e., received in the national office of the Authority, no later than the close of business on July 27, 1983. However, the exceptions were not filed until July 28, 1983. 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 activity's exceptions were untimely filed, they are hereby dismissed. For the Authority. Issued, Washington, D.C., August 10, 1983 James J. Shepard, Executive Director