American Federation of Government Employees, Local 2221, AFL-CIO (Union) and Newark Air Force Station (Activity)

 



[ v03 p493 ]
03:0493(77)AR
The decision of the Authority follows:


 3 FLRA No. 77
 
 LOCAL 2221 AMERICAN FEDERATION
 OF GOVERNMENT EMPLOYEES, AFL-CIO
 Union
 
 and
 
 NEWARK AIR FORCE STATION
 Activity
 
                                            Case No. 0-AR-80
 
                        ORDER DISMISSING EXCEPTIONS
 
    ON MARCH 11, 1980, THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 AFL-CIO (THE UNION) FILED WITH THE AUTHORITY EXCEPTIONS TO THE AWARD OF
 ARBITRATOR THOMAS J.  COYNE IN THE INSTANT CASE, PURSUANT TO SECTION
 2425.1 OF THE AUTHORITY'S REGULATIONS (5 C.F.R.  2425.1(1980)).  THE
 DEPARTMENT OF THE AIR FORCE FILED AN OPPOSITION TO THE UNION'S
 EXCEPTIONS.  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 EXCEPTIONS,
 IS DATED FEBRUARY 10, 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 MARCH 10, 1980.
 
    HOWEVER, AS STATED ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH
 THE AUTHORITY UNTIL MARCH 11, 1980.  IN THIS REGARD, THE UNION'S
 ALLEGATIONS, FILED WITH THE AUTHORITY ON MAY 16, 1980, RELATING TO
 TOLLING THE APPLICABLE TIME LIMIT, INCLUDING THE UNION'S ALLEGATION
 CONCERNING A DELAY IN RECEIPT OF A COPY OF THE SUBJECT AWARD BY THE
 UNION'S NATIONAL OFFICE, DO NOT PROVIDE A BASIS FOR SUCH TOLLING.
 
    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 27, 1980
 
                 SAMUEL A. CHAITOVITZ, EXECUTIVE DIRECTOR
 
                               SERVICE SHEET
 
    COPIES OF THE AUTHORITY'S ORDER DATED JUNE 27, 1980, IN CASE NO.
 SENT TO THE FOLLOWING:
 
    MS. JANE P. DANOWITZ
 
    OFFICE OF THE GENERAL COUNSEL
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, AFL-CIO
 
    1325 MASSACHUSETTS AVENUE, N.W.
 
    WASHINGTON, D.C.  20005
 
    MR. DON A. DRESSER, CHIEF
 
    LABOR RELATIONS DIVISION
 
    DIRECTORATE OF CIVILIAN PERSONNEL
 
    DEPARTMENT OF THE AIR FORCE
 
    WASHINGTON, D.C.  20330