FLRA.gov

U.S. Federal Labor Relations Authority

Search form

Marine Corps, Marine Corps Logistics Base (Activity) and American Federation of Government Employees, Local 1482 (Union) 



[ v04 p82 ]
04:0082(11)AR
The decision of the Authority follows:


 4 FLRA No. 11
 
 UNITED STATES MARINE CORPS,
 MARINE CORPS LOGISTICS BASE
 (Activity)
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 1482
 (Union)
 
                                            Case No. 0-AR-130
 
                        ORDER DISMISSING EXCEPTIONS
 
    ON AUGUST 5, 1980, THE AMERICAN FEDERATION OF GOVERMENT EMPLOYEES,
 AFL-CIO (THE UNION), FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR EDNA E.
 J. FRANCIS 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 JUNE 30, 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 JULY 29, 1980.  HOWEVER, AS STATED ABOVE,
 THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL AUGUST 5,
 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. AUGUST 25, 1980
 
                 SAMUEL A. CHAITOVITZ, EXECUTIVE DIRECTOR