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)



[ v05 p3 ]
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 REGULATIONS APPLIES ONLY TO SITUATIONS IN WHICH A PARTY HAS THE
 RIGHT OR IS REQUIRED TO DO SOME ACT WITHIN A PRESCRIBED PERIOD AFTER
 SERVICE OF A NOTICE OR OTHER PAPER UPON SUCH PARTY AND, CONSEQUENTLY,
 DOES NOT APPLY TO THE ACT OF FILING EXCEPTIONS TO AN ARBITRATION AWARD
 PURSUANT TO SECTION 2425.1(B) OF THE REGULATIONS.  THE TIME LIMIT
 PRESCRIBED IN SECTION 2425.1(B) IS NOT TRIGGERED BY, I.E., DOES NOT
 BEGIN TO RUN FROM, SERVICE OF THE ARBITRATOR'S AWARD, BUT RATHER, AS
 EXPRESSLY PROVIDED, BEGINS TO RUN ON THE DATE OF THE AWARD.
 
    ACCORDINGLY, SINCE THE UNION HAS ADVANCED NO PERSUASIVE REASONS FOR
 THE AUTHORITY TO RECONSIDER THE DECISION OF APRIL 29, 1981, IN THIS
 CASE,
 
    IT IS HEREBY ORDERED THAT THE REQUEST FOR RECONSIDERATION BE, AND IT
 HEREBY IS, DENIED.
 
    ISSUED, WASHINGTON, D.C.