General Services Administration, National Capital Region (Activity) and American Federation of Government Employees, Local No. 1733 (Union)

 



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05:0095(18)AR
The decision of the Authority follows:


 5 FLRA No. 18
 
 GENERAL SERVICES ADMINISTRATION,
 NATIONAL CAPITAL REGION
 (Activity)
 
 and
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES,
 LOCAL NO. 1733
 (Union)
 
                                            Case No. 0-AR-174
 
                        ORDER DISMISSING EXCEPTIONS
 
    ON DECEMBER 14, 1980, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 LOCAL 1733 (THE UNION) FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR
 ROBERT B. LUBIC 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 UNION'S SUBMISSION,
 IS DATED NOVEMBER 11, 1980.  THEREFORE, UNDER SECTION 2425.1(B) OF THE
 AUTHORITY'S REGULATIONS, THE UNION'S EXCEPTIONS WERE DUE IN THE OFFICE
 OF THE AUTHORITY NO LATER THAN DECEMBER 10, 1980.  /1/ HOWEVER, AS
 STATED ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY
 UNTIL DECEMBER 14, 1980.  IN THIS REGARD, THE AUTHORITY IS NOT EMPOWERED
 TO EXTEND OR WAIVE THE TIME LIMIT FOR FILING EXCEPTIONS TO ARBITRATOR'S
 AWARDS.
 
    ACCORDINGLY, AS THE UNION'S EXCEPTIONS WERE UNTIMELY FILED, AND APART
 FROM OTHER CONSIDERATIONS, THE UNION'S APPEAL IS HEREBY DISMISSED.
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., FEBRUARY 10, 1981
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ IN THIS REGARD, THE UNION APPEARS TO ARGUE THAT THE TIME LIMIT
 FOR FILING ITS EXCEPTIONS SHOULD RUN FROM NOVEMBER 25, 1980, WHEN THE
 ARBITRATOR IN ESSENCE DECLINED THE UNION'S REQUEST FOR A CLARIFICATION
 AND INTERPRETATION OF THE AWARD.  HOWEVER, UNDER SECTION 2425.1(B) OF
 THE AUTHORITY'S REGULATIONS, SET FORTH IN FULL ABOVE, THE TIME LIMIT FOR
 FILING EXCEPTIONS RUNS FROM THE DATE OF THE AWARD ITSELF.  ACCORDINGLY,
 THE UNION'S CONTENTIONS PERTAINING TO THE COMPUTATION OF THE TIME PERIOD
 FOR FILING EXCEPTIONS IN THIS CASE ARE WITHOUT MERIT.