Department of Defense, Military Enlistment Processing Command, Headquarters, Western Sector, Oakland Army Base, Oakland, California (Activity) and American Federation of Government Employees, Local 1157, AFL-CIO (Petitioner)
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05:0003(1)RO
The decision of the Authority follows:
5 FLRA No. 1
DEPARTMENT OF THE AIR FORCE,
SCOTT AIR FORCE BASE, ILLINOIS
(Activity)
and
LOCAL R7-23, NATIONAL ASSOCIATION
OF GOVERNMENT EMPLOYEES
(Union)
Case No. 0-AR-210
(5 FLRA NO. 68)
ORDER DENYING REQUEST FOR RECONSIDERATION
THIS CASE IS BEFORE THE AUTHORITY FOR RULING ON A REQUEST FILED BY
THE UNION SEEKING RECONSIDERATION OF THE AUTHORITY'S ORDER OF APRIL 29,
1981, DISMISSING THE UNION'S EXCEPTIONS TO THE ARBITRATOR'S AWARD AS
UNTIMELY FILED (5 FLRA NO. 68(1981)).
IN THE INSTANT CASE, THE SUBJECT ARBITRATION AWARD WAS DATED FEBRUARY
23, 1981. THUS, UNDER SECTION 7122(B) OF THE FEDERAL SERVICE
LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C. 7122(B)) AND SECTION
2425.1(B) OF THE AUTHORITY'S RULES AND REGULATIONS, THE UNION'S
EXCEPTIONS WERE DUE IN THE OFFICE OF THE AUTHORITY NO LATER THAN MARCH
24, 1981, BUT WERE NOT FILED WITH THE AUTHORITY UNTIL MARCH 26, 1981.
AS WAS NOTED IN THE AUTHORITY'S ORDER DISMISSING THE EXCEPTIONS, THE
AUTHORITY IS NOT EMPOWERED TO EXTEND OR WAIVE THE TIME LIMIT FOR FILING
EXCEPTIONS TO ARBITRATORS' AWARDS.
IN THE REQUEST FOR RECONSIDERATION, THE UNION ARGUES THAT SECTION
2429.22 OF THE AUTHORITY'S RULES AND REGULATIONS SHOULD BE APPLIED TO
THE TIME LIMIT FOR FILING EXCEPTIONS TO ARBITRATION AWARDS. SECTION
2429.22 STATES:
WHENEVER A PARTY HAS THE RIGHT OR IS REQUIRED TO DO SOME ACT PURSUANT
TO THIS SUBCHAPTER
WITHIN A PRESCRIBED PERIOD AFTER SERVICE OF A NOTICE OR OTHER PAPER
UPON SUCH PARTY, AND THE
NOTICE OR PAPER IS SERVED ON SUCH PARTY BY MAIL, FIVE (5) DAYS SHALL
BE ADDED TO THE
PRESCRIBED PERIOD: . . .
HOWEVER, AS THE AUTHORITY HAS PREVIOUSLY HELD, /1/ SECTION 2429.22 OF
THE REGUL