U.S. Army Corps of Engineers and IBEW Local 2080




[ v01 p263 ]
01:0263(34)AR
The decision of the Authority follows:


 1 FLRA No. 34
                                            MAY 1, 1979
 
 MR. JOHN ALLEY
 ATTORNEY AT LAW
 4701 HIXSON PIKE
 HIXSON, TENNESSEE 37343
 
                          RE:  U.S. ARMY CORPS OF ENGINEERS AND IBEW 
                               LOCAL 2080 (KRISLOV, ARBITRATOR), Case 
                               No. 0-AR-17
 
 DEAR MR. ALLEY:
 
    THIS REFERS TO YOUR PETITION FOR REVIEW OF THE ARBITRATOR'S AWARD IN
 THE ABOVE-ENTITLED CASE, ERRONEOUSLY FILED WITH THE AUTHORITY'S ATLANTA
 REGIONAL OFFICE ON MARCH 26, 1979, AND SUBSEQUENTLY TRANSFERRED TO THE
 AUTHORITY'S NATIONAL OFFICE;  AND TO THE OPPOSITIONS FILED BY THE
 DEPARTMENT OF THE ARMY ON APRIL 20 AND 25, 1979.
 
    FOR THE REASONS INDICATED BELOW, IT HAS BEEN DETERMINED THAT YOUR
 PETITION WAS UNTIMELY FILED AND CANNOT BE ACCEPTED FOR REVIEW.
 
    SECTION 7122 OF THE FEDERAL LABOR-MANAGEMENT RELATIONS STATUTE (92
 STAT. 1212), AS HERE PERTINENT, PROVIDES:
 
    (A) EITHER PARTY TO ARBITRATION UNDER THIS CHAPTER MAY FILE WITH THE
 AUTHORITY AN EXCEPTION
 
    TO ANY ARBITRATOR'S AWARD PURSUANT TO THE ARBITRATION . . .
 
    (B) IF NO EXCEPTION TO AN ARBITRATOR'S AWARD IS FILED UNDER
 SUBSECTION (A) OF THIS SECTION
 
    DURING THE 30-DAY PERIOD BEGINNING ON THE DATE OF SUCH AWARD, THE
 AWARD SHALL BE FINAL AND
 
    BINDING . . .
 
    THE SUBJECT ARBITRATION AWARD IS DATED FEBRUARY 19, 1979.  THEREFORE,
 UNDER SECTION 7122(B) OF THE STATUTE, YOUR APPEAL WAS DUE IN THE
 NATIONAL OFFICE OF THE AUTHORITY ON MARCH 20, 1979.  HOWEVER, AS STATED
 ABOVE, YOUR APPEAL WAS NOT FILED WITH THE AUTHORITY'S ATLANTA REGIONAL
 OFFICE UNTIL MARCH 26, 1979, AND THE AUTHORITY IS NOT EMPOWERED TO
 EXTEND OR WAIVE THE TIME LIMIT PRESCRIBED BY THE CITED SECTION OF THE
 STATUTE.
 
    ACCORDINGLY, AS YOUR PETITION FOR REVIEW WAS UNTIMELY FILED, AND
 APART FROM OTHER CONSIDERATIONS, THE PETITION IS HEREBY DENIED.
 
    FOR THE AUTHORITY.
 
                                SINCERELY,
 
                             HAROLD D. KESSLER
 
                         DEPUTY EXECUTIVE DIRECTOR
 
    CC:  W. T. HILL
 
    C. E. THOMAS
 
    ARMY