Department of Health, Education and Welfare, Social Security Administration, Bureau of Retirement and Survivors Insurance, Mid-America Program Service Center, Kansas City, Missouri and American Federation of Government Employeees, Local 1336




[ v01 p821 ]
01:0821(93)AR
The decision of the Authority follows:


 1 FLRA No. 93
                                            AUGUST 3, 1979
 
 MR. HERBERT C. CREECH
 ACTING DIRECTOR
 DIVISION OF LABOR RELATIONS
 SOCIAL SECURITY ADMINISTRATION
 ROOM 718, ALTMEYER BUILDING
 6401 SECURITY BOULEVARD
 BALTIMORE, MARYLAND 21235
 
                      RE:  DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, 
                           SOCIAL SECURITY ADMINISTRATION, BUREAU OF 
                           RETIREMENT AND SURVIVORS INSURANCE, MID-
                           AMERICA PROGRAM SERVICE CENTER, KANSAS CITY, 
                           MISSOURI AND AMERICAN FEDERATION OF
                           GOVERNMENT EMPLOYEES, LOCAL 1336 (BOTHWELL,             
                           ARBITRATOR), Case No. 0-AR-32
 
 DEAR MR. CREECH:
 
    THIS REFERS TO YOUR PETITION FOR REVIEW OF THE ARBITRATOR'S AWARD IN
 THE ABOVE-ENTITLED CASE, FILED WITH THE AUTHORITY ON JULY 17, 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 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, AS INCLUDED IN YOUR SUBMISSION, IS
 DATED JUNE 15, 1979.  THEREFORE, UNDER SECTION 7122 OF THE STATUTE, YOUR
 APPEAL WAS DUE IN THE OFFICE OF THE AUTHORITY NO LATER THAN JULY 16,
 1979.  HOWEVER, AS STATED ABOVE, YOUR APPEAL WAS NOT FILED WITH THE
 AUTHORITY UNTIL JULY 17, 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:  A. B. JOHNSON
 
    AFGE