Naval Air Development Center (Activity) and American Federation of Government Employees, Local #1928 (Union)

 



[ v03 p470 ]
03:0470(71)AR
The decision of the Authority follows:


 3 FLRA No. 71
 
 NAVAL AIR DEVELOPMENT CENTER
 (Activity)
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL #1928
 (Union)
 
                                            Case No. 0-AR-103
 
                        ORDER DISMISSING EXCEPTIONS
 
    ON MAY 21, 1980, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO
 (THE UNION), FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR EDWARD J.
 MULLALY 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 21, 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 20, 1980.  HOWEVER, AS STATED ABOVE,
 THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL MAY 21,
 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-103, SENT TO THE FOLLOWING:
 
    MR. ROYAL L. SIMS
 
    NATIONAL VICE PRESIDENT, 3RD DISTRICT
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, AFL-CIO
 
    4847 NORTH BROAD STREET, SUITE 201
 
    PHILADELPHIA, PENNSYLVANIA 19141
 
    MR. ROBERT CARROLL
 
    EMPLOYEE AND LABOR RELATIONS OFFICERS
 
    NAVAL AIR DEVELOPMENT CENTER
 
    WARMINSTER, PENNSYLVANIA 18974