Headquarters, 323rd Flying Training Wing, Mather Air Force Base, California (Activity) and American Federation of Government Employees, Local 1692 (Union)

 



[ v03 p475 ]
03:0475(73)AR
The decision of the Authority follows:


 3 FLRA No. 73
 
 HEADQUARTERS, 323RD FLYING
 TRAINING WING, MATHER AIR
 FORCE BASE, CALIFORNIA
 (Activity)
 
 and
 
 LOCAL 1692, AMERICAN FEDERATION
 OF GOVERNMENT EMPLOYEES
 (Union)
 
                                            Case No. 0-AR-102
 
                        ORDER DISMISSING EXCEPTIONS
 
    ON MAY 27, 1980, LOCAL 1692, AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO (THE UNION), FILED EXCEPTIONS TO THE AWARD OF
 ARBITRATOR CORNELIUS J. PECK 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 22, 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 21, 1980.  HOWEVER, AS STATED ABOVE,
 THE SUBJECT EXCEPTIONS WERE NOT FILED WITHIN THE AUTHORITY UNTIL MAY 27,
 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 26, 1980
 
                 SAMUEL A. CHAITOVITZ, EXECUTIVE DIRECTOR
 
                               SERVICE SHEET
 
    COPIES OF THE AUTHORITY'S ORDER DATED JUNE 26, 1980, IN CASE NO.
 O-AR-102, SENT TO THE FOLLOWING:
 
    MR. HOWARD E. BERRYMAN
 
    PRESIDENT, LOCAL 1692
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, AFL-CIO
 
    MATHER AIR FORCE BASE, CALIFORNIA 95655
 
    MR. JAMES E. GREENE
 
    HEADQUARTERS, 323RD FLYING TRAINING
 
    WING
 
    MATHER AIR FORCE BASE, CALIFORNIA 95655