[ v16 p36 ]
16:0036(8)AR
The decision of the Authority follows:
16 FLRA No. 8
SOCIAL SECURITY ADMINISTRATION
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
Union
Case No. O-AR-824
ORDER DISMISSING EXCEPTIONS
This case is before the Authority on exceptions to the award of
Arbitrator Bernard Cushman 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 June 28, 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 August 1, 1984. However the
exceptions were not filed until August 2, 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., September 14, 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. 98-244, 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).