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Hawaii Federal Employees Metal Trades Council, AFL-CIO (Union) and Pearl Harbor Naval Shipyard (Activity) 



[ v05 p553 ]
05:0553(69)AR
The decision of the Authority follows:


 5 FLRA No. 69
 
 HAWAII FEDERAL EMPLOYEES METAL
 TRADES COUNCIL, AFL-CIO
 (Union)
 
 and
 
 PEARL HARBOR NAVAL SHIPYARD
 (Activity)
 
                                            Case No. 0-AR-189
 
                        ORDER DISMISSING EXCEPTIONS
 
    ON JANUARY 22, 1981, THE REPRESENTATIVE OF THE HAWAII FEDERAL
 EMPLOYEES METAL TRADES COUNCIL (THE UNION) FILED EXCEPTIONS TO THE AWARD
 OF ARBITRATOR THOMAS Q. GILSON 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 DECEMBER 20, 1980.  THEREFORE, UNDER SECTIONS 2425.1(B) AND
 2429.21 OF THE AUTHORITY'S REGULATIONS, THE UNION'S EXCEPTIONS WERE DUE
 IN THE OFFICE OF THE AUTHORITY NO LATER THAN JANUARY 19, 1981.  HOWEVER,
 AS STATED ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE
 AUTHORITY UNTIL JANUARY 22, 1981.  IN THIS REGARD, THE AUTHORITY IS NOT
 EMPOWERED TO EXTEND OR WAIVE THE TIME LIMIT FOR FILING EXCEPTIONS TO
 ARBITRATORS' 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., APRIL 29, 1981
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR