Office of Hearings and Appeals, Social Security Administration, HEW (Activity) and Local 3615, American Federation of Government Employees (Union)

 



[ v03 p468 ]
03:0468(70)AR
The decision of the Authority follows:


 3 FLRA No. 70
 
 OFFICE OF HEARINGS AND APPEALS,
 SOCIAL SECURITY ADMINISTRATION, HEW
 (Activity)
 
 and
 
 LOCAL 3615, AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES
 (Union)
 
                                            Case No. 0-AR-94
 
                        ORDER DISMISSING EXCEPTIONS
 
    ON MAY 9, 1980, LOCAL 3615, AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO (THE UNION), FILED EXCEPTIONS TO THE AWARD OF
 ARBITRATOR ABRAHAM WEISS IN THE INSTANT CASE WITH THE AUTHORITY PURSUANT
 TO SECTION 2425.1 OF THE AUTHORITY'S REGULATIONS (5 C.F.R.
 2425.1(1980)).  FOR THE REASONS INDICATED BELOW, IT HAS BEEN DETERMINED
 THAT THE SUBJECT EXCEPTIONS WERE UNTIMELY FILED AND CANNOT BE ACCEPTED
 FOR REVIEW.
 
    SECTION 2425.1(B) OF THE AUTHORITY'S REGULATIONS (5 C.F.R.
 2425.1(B)(1980)) PROVIDES:
 
    THE TIME LIMIT FOR FILING AN EXCEPTION TO AN ARBITRATION AWARD IS
 THIRTY (30) DAYS
 
    BEGINNING ON THE DATE OF THE AWARD.
 
    THE SUBJECT ARBITRATION AWARD, AS INCLUDED IN THE UNION'S SUBMISSION,
 IS DATED APRIL 9, 1980.  THEREFORE, UNDER SECTION 2425.1(B) OF THE
 AUTHORITY'S REGULATIONS, THE UNION'S EXCEPTIONS WERE DUE IN THE OFFICE
 OF THE AUTHORITY NO LATER THAN MAY 8, 1980.  HOWEVER, AS STATED ABOVE,
 THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL MAY 9,
 1980.  IN THIS REGARD, THE AUTHORITY IS NOT EMPOWERED TO EXTEND OR WAIVE
 THE TIME LIMIT FOR FILING EXCEPTIONS TO ARBITRATOR'S AWARDS.
 
    ACCORDINGLY, AS THE UNION'S EXCEPTIONS WERE UNTIMELY FILED, AND APART
 FROM OTHER CONSIDERATIONS, THE UNION'S APPEAL IS HEREBY DISMISSED.
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., JUNE 25, 1980
 
                 SAMUEL A. CHAITOVITZ, EXECUTIVE DIRECTOR
 
                               SERVICE SHEET
 
    COPIES OF THE AUTHORITY'S ORDER DATED JUNE 25, 1980, IN CASE NO.
 O-AR-94, SENT TO THE FOLLOWING:
 
    MR. BRUCE C. RANSOM, JR.
 
    PRESIDENT, LOCAL 3615
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, AFL-CIO
 
    P.O. BOX 147
 
    ARLINGTON, VIRGINIA 22210
 
    MR. ALBERT K. BUHL
 
    LABOR RELATIONS OFFICER
 
    OFFICE OF HEARINGS AND APPEALS
 
    SOCIAL SECURITY ADMINISTRATION
 
    P.O. BOX 2518
 
    WASHINGTON, D.C.  20013