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