Bureau of Alcohol, Tobacco and Firearms, U.S. Treasury Department (Activity) and National Treasury Employees Union, Irwin Solomon, Grievant (Union) 




[ v04 p532 ]
04:0532(71)AR
The decision of the Authority follows:


 4 FLRA No. 71
 
 BUREAU OF ALCOHOL, TOBACCO
 AND FIREARMS, U.S. TREASURY
 DEPARTMENT
 (Activity)
 
 and
 
 NATIONAL TREASURY EMPLOYEES
 UNION, IRWIN SOLOMON, GRIEVANT
 (Union)
 
                                            Case No. 0-AR-148
 
                        ORDER DISMISSING EXCEPTIONS
 
    ON OCTOBER 1, 1980, THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS (THE
 ACTIVITY) FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR COLTMAN D. SHEPARD
 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 ACTIVITY'S
 SUBMISSION, IS DATED AUGUST 27, 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 SEPTEMBER 25, 1980.
 HOWEVER, AS STATED ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE
 AUTHORITY UNTIL OCTOBER 1, 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 IS HEREBY
 DISMISSED.
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON,D.C., OCTOBER 31, 1980
 
               HAROLD D. KESSLER, ACTING EXECUTIVE DIRECTOR
 
                          CERTIFICATE OF SERVICE
 
    COPIES OF THE AUTHORITY'S ORDER IN THE INSTANT CASE MAILED THIS DATE
 TO THE FOLLOWING:
 
    MR. MICHAEL SITCOV
 
    STAFF ATTORNEY
 
    DEPARTMENT OF TREASURY
 
    BUREAU OF ALCOHOL, TOBACCO AND FIREARMS
 
    WASHINGTON, D.C.  20226
 
    MR. DAVID HANDSHER
 
    ASSISTANT COUNSEL
 
    NATIONAL TREASURY EMPLOYEES UNION
 
    209 POST STREET, SUITE 1112
 
    SAN FRANCISCO, CALIFORNIA 94108