Internal Revenue Service, Philadelphia Service Center (Activity) and National Treasury Employees Union, Chapter 71 (Union)

 



[ v04 p97 ]
04:0097(16)AR
The decision of the Authority follows:


 4 FLRA No. 16
 
 INTERNAL REVENUE SERVICE,
 PHILADELPHIA SERVICE CENTER
 (Activity)
 
 and
 
 NATIONAL TREASURY EMPLOYEES
 UNION, CHAPTER 71
 (Union)
 
                                            Case No. 0-AR-134
 
                        ORDER DISMISSING EXCEPTIONS
 
    ON AUGUST 20, 1980, THE INTERNAL REVENUE SERVICE (THE ACTIVITY),
 FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR JAMES P. WHYTE 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.  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 JULY 17, 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 AUGUST 15, 1980.  HOWEVER, AS
 STATED ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY
 UNTIL AUGUST 20, 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.
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., AUGUST 29, 1980
 
                 SAMUEL A. CHAITOVITZ, EXECUTIVE DIRECTOR