Department of the Navy, Consolidated Civilian Personnel Office, Naval Base Police, Pearl Harbor (Activity) and Local R-12-195, International Brotherhood of Police Officers, National Association of Government Employees (Union)

 



[ v03 p472 ]
03:0472(72)AR
The decision of the Authority follows:


 3 FLRA No. 72
 
 DEPARTMENT OF THE NAVY,
 CONSOLIDATED CIVILIAN PERSONNEL
 OFFICE, NAVAL BASE POLICE,
 PEARL HARBOR
 (Activity)
 
 and
 
 LOCAL R-12-195, INTERNATIONAL
 BROTHERHOOD OF POLICE OFFICERS/
 NATIONAL ASSOCIATION OF GOVERNMENT
 EMPLOYEES
 (Union)
 
                                            Case No. 0-AR-90
 
                        ORDER DISMISSING EXCEPTIONS
 
    ON APRIL 25, 1980, LOCAL R-12-195, INTERNATIONAL BROTHERHOOD OF
 POLICE OFFICERS/NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES (THE
 UNION), FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR RONALD C. BROWN 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 MARCH 25, 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 APRIL 23, 1980.  HOWEVER, AS STATED
 ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL
 APRIL 25, 1980.  IN THIS REGARD, THE AUTHORITY IS NOT EMPOWERED TO
 EXTEND OR WAIVE THE TIME LIMIT FOR FILING EXCEPTIONS TO ARBITRATORS'
 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 OF JUNE 25, 1980, IN CASE NO. SENT TO
 THE FOLLOWING:
 
    MR. ELBRIDGE W. SMITH
 
    SHIRLEY & JORDAN
 
    ATTORNEYS AT LAW
 
    P.O. BOX 2660
 
    HONOLULU, HAWAII 96803
 
    MR. EARL N. AOKI
 
    DEPARTMENT OF THE NAVY
 
    CONSOLIDATED CIVILIAN PERSONNEL
 
    OFFICE, PEARL HARBOR
 
    4300 RADFORD DRIVE
 
    HONOLULU, HAWAII 96818