William S. Middleton Memorial Veterans Administration Hospital (Activity) and American Federation of Government Employees, Local 1732, AFL-CIO (Union)

 



[ v04 p96 ]
04:0096(15)AR
The decision of the Authority follows:


 4 FLRA No. 15
 
 WILLIAM S. MIDDLETON MEMORIAL
 VETERANS ADMINISTRATION HOSPITAL
 (Activity)
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 1732, AFL-CIO
 (Union)
 
                                            Case No. 0-AR-132
 
                        ORDER DISMISSING EXCEPTIONS
 
    ON AUGUST 14, 1980, LOCAL 1732, AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO (THE UNION), FILED EXCEPTIONS TO THE AWARD OF
 ARBITRATOR EDWARD E. HALES IN THE INSTANT CASE WITH THE AUTHORITY, WHICH
 EXCEPTIONS APPEAR TO HAVE BEEN PREVIOUSLY MISFILED WITH THE FEDERATION
 MEDIATION AND CONCILIATION SERVICE (FMCS) ON JULY 16, 1980.  THE
 EXCEPTIONS WERE FILED 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 13, 1980.  THEREFORE, UNDER SECTION 2425.1(B) OF THE
 AUTHORITY'S REGULATIONS, THE UNION'S EXCEPTIONS WERE DUE IN THE OFFICE
 OF AUTHORITY NO LATER THAN JULY 14, 1980.  HOWEVER, AS STATED ABOVE, THE
 SUBJECT EXCEPTIONS, MISFILED WITH THE FMCS ON JULY 16, 1980, WERE NOT
 FILED WITH THE AUTHORITY UNTIL AUGUST 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 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 29, 1980
 
                 SAMUEL A. CHAITOVITZ, EXECUTIVE DIRECTOR