Navy Exchange Naval Station and American Federation of Government Employees, Local 3723

 



[ v01 p777 ]
01:0777(87)AR
The decision of the Authority follows:


 1 FLRA No. 87
                                            JULY 20, 1979
 
 MR. RONALD D. KING, DIRECTOR
 CONTRACT AND APPEALS DIVISION
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO
 1325 MASSACHUSETTS AVENUE, N.W.
 WASHINGTON, D.C. 20005
 
                              RE:  NAVY EXCHANGE NAVAL STATION AND
                                   AMERICAN FEDERATION OF GOVERNMENT
                                   EMPLOYEES, LOCAL 3723 (HERRING,
                                   ARBITRATOR), Case No. 0-AR-26
 
 DEAR MR. KING:
 
    THIS REFERS TO YOUR PETITION FOR REVIEW OF THE ARBITRATOR'S AWARD IN
 THE ABOVE-ENTITLED CASE, FILED WITH THE AUTHORITY ON JUNE 21, 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 SERVICE 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 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, AS INCLUDED IN YOUR SUBMISSION, IS
 DATED APRIL 30, 1979.  THEREFORE, UNDER SECTION 7122 OF THE STATUTE,
 YOUR APPEAL WAS DUE IN THE OFFICE OF THE AUTHORITY NO LATER THAN MAY 30,
 1979.  HOWEVER, AS STATED ABOVE, YOUR APPEAL WAS NOT FILED WITH THE
 AUTHORITY UNTIL JUNE 21, 1979.  IN THIS REGARD, 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 DENIED.
 
    FOR THE AUTHORITY.
 
                                SINCERELY,
 
                             HAROLD D. KESSLER
 
                         DEPUTY EXECUTIVE DIRECTOR
 
    CC:  J. FOSSUM
 
    AGRICULTURE