Veterans Administration, Buffalo Regional Office (Activity) and American Federation of Government Employees, Local 3314, AFL-CIO (Union)

 



[ v04 p301 ]
04:0301(41)AR
The decision of the Authority follows:


 4 FLRA No. 41
 
 VETERANS ADMINISTRATION,
 BUFFALO REGIONAL OFFICE
 (Activity)
 
 and
 
 LOCAL NO. 3314, AMERICAN
 FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO
 (Union)
 
                                            Case No. O-AR-139
 
                        ORDER DISMISSING EXCEPTIONS
 
    ON SEPTEMBER 15, 1980, THE VETERANS ADMINISTRATION (AGENCY) FILED
 EXCEPTIONS TO THE AWARD OF ARBITRATOR JACOB D. HYMAN IN THE INSTANT CASE
 WITH THE AUTHORITY, PURSUANT TO SECTION 2524.1 OF THE AUTHORITY'S
 REGULATIONS (5 C.F.R. 2425.1(1980)).  THE AGENCY 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 AGENCY'S
 SUBMISSION, IS DATED AUGUST 13, 1980.  THEREFORE, UNDER SECTION
 2425.1(0) OF THE AUTHORITY'S REGULATIONS, THE AGENCY'S EXCEPTIONS WERE
 DUE IN THE OFFICE OF THE AUTHORITY NO LATER THAN SEPTEMBER 11, 1980.
 HOWEVER, AS STATED ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE
 AUTHORITY UNTIL SEPTEMBER 15, 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 AGENCY'S EXCEPTIONS WERE UNTIMELY FILED, AND
 APART FROM OTHER CONSIDERATIONS, THE AGENCY'S APPEAL AND REQUEST FOR A
 STAY ARE HEREBY DISMISSED.
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., SEPTEMBER 29, 1980
 
               HAROLD D. KESSLER, ACTING EXECUTIVE DIRECTOR
 
                          CERTIFICATE OF SERVICE
 
    COPIES OF THE AUTHORITY'S ORDER DATED SEPTEMBER 29, 1980, IN THE
 INSTANT CASE, SENT TO THE FOLLOWING:
 
    MR. JAMES C. KLEIN
 
    ATTORNEY
 
    OFFICE OF THE GENERAL COUNSEL
 
    VETERANS ADMINISTRATION
 
    810 VERMONT AVENUE, NW.
 
    WASHINGTON, D.C. 20420
 
    MR. JERRY LORANG (W/C SUBJECT EXCEPTIONS)
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, AFL-CIO
 
    111 WEST HURON STREET
 
    BUFFALO, NEW YORK 14202