National Association of Government Employees, Local R14-87 (Union) and The Adjutant General of Kansas, Kansas Army National Guard (Activity) 

 



[ v05 p577 ]
05:0577(73)AR
The decision of the Authority follows:


 5 FLRA No. 73
 
 NATIONAL ASSOCIATION OF
 GOVERNMENT EMPLOYEES, LOCAL R14-87
 (Union)
 
 and
 
 THE ADJUTANT GENERAL OF KANSAS,
 KANSAS ARMY NATIONAL GUARD
 (Activity)
 
                                            Case No. 0-AR-209
 
                        ORDER DISMISSING EXCEPTIONS
 
    ON MARCH 26, 1981, THE NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES,
 LOCAL R14-87 (THE UNION) FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR
 ROBERT V. PENFIELD 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 FEBRUARY 24, 1981.  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 MARCH 25, 1981.  HOWEVER, AS STATED
 ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL
 MARCH 26, 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