Department of the Air Force (Activity) and American Federation of Government Employees, Local No. 2840 (Union) 



[ v03 p526 ]
03:0526(83)AR
The decision of the Authority follows:


 3 FLRA No. 83
 
 DEPARTMENT OF THE AIR FORCE
 (Activity)
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL NO. 2840
 (Union)
 
                                            Case No. 0-AR-98
 
                        ORDER DISMISSING EXCEPTIONS
 
    ON MAY 14, 1980, DEPARTMENT OF THE AIR FORCE (THE ACTIVITY) FILED
 EXCEPTIONS TO THE AWARD OF ARBITRATOR PRESTON J. MOORE IN THE INSTANT
 CASE WITH THE AUTHORITY, PURSUANT TO SECTION 2425.1 OF THE AUTHORITY'S
 REGULATIONS (5 C.F.R. 2425.1(1980)).  THE ACTIVITY ALSO REQUESTED A STAY
 OF THE AWARD.  FURTHER, ON JUNE 6, 1980, THE OFFICE OF PERSONNEL
 MANAGEMENT (OPM) REQUESTED PERMISSION TO FILE A BRIEF AS AN AMICUS
 CURIAE HEREIN;  AND ON JUNE 17, 1980, THE UNION FILED AN OPPOSITION TO
 THE ACTIVITY'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 ACTIVITY'S
 SUBMISSION, IS DATED APRIL 14, 1980.  THEREFORE, UNDER SECTION 2425.1(B)
 OF THE AUTHORITY'S REGULATIONS, THE ACTIVITY'S EXCEPTIONS WERE DUE IN
 THE OFFICE OF THE AUTHORITY NO LATER THAN MAY 13, 1980.  HOWEVER, AS
 STATED ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY
 UNTIL MAY 14, 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 ACTIVITY'S EXCEPTIONS WERE UNTIMELY FILED, AND
 APART FROM OTHER CONSIDERATIONS, THE ACTIVITY'S APPEAL AND REQUEST FOR A
 STAY ARE HEREBY DISMISSED, AND OPM'S REQUEST TO FILE A BRIEF AS AN
 AMICUS CURIAE IS DENIED.
 
    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.
 O-AR-98, SENT TO THE FOLLOWING:
 
    MR. DON. A. DRESSER, CHIEF
 
    LABOR RELATIONS DIVISION
 
    DIRECTORATE OF CIVILIAN PERSONNEL
 
    DEPARTMENT OF THE AIR FORCE
 
    WASHINGTON, D.C.  20330
 
    MR. RONALD D. KING, DIRECTOR
 
    CONTRACT AND APPEALS DIVISION
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, AFL-CIO
 
    1325 MASSACHUSETTS AVENUE, N.W.
 
    WASHINGTON, D.C.  20005
 
    MR. CHARLES FEIGENBAUM
 
    DEPUTY ASSISTANT DIRECTOR
 
    LABOR-MANAGEMENT RELATIONS
 
    OFFICE OF PERSONNEL MANAGEMENT
 
    1900 E STREET, N.W.
 
    WASHINGTON, D.C