American Federation of Government Employees, Local 2498 (Union) and National Aeronautics and Space Administration, JFK Space Center, Florida (Activity) 

 



[ v05 p594 ]
05:0594(77)AR
The decision of the Authority follows:


 5 FLRA No. 77
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES,
 LOCAL NO. 2498
 (Union)
 
 and
 
 NATIONAL AERONAUTICS AND
 SPACE ADMINISTRATION,
 JFK SPACE CENTER, FLORIDA
 (Activity)
 
                                            Case No. 0-AR-200
 
                        ORDER DISMISSING EXCEPTIONS
 
    ON MARCH 5, 1981, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL
 2498 (THE UNION) FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR SHERMAN
 DALLAS 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 DATE OF THE SUBJECT ARBITRATION AWARD, AS INCLUDED IN THE UNION'S
 SUBMISSION, APPEARS TO BE FEBRUARY 2, 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 3, 1981.
 HOWEVER, AS STATED ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE
 AUTHORITY UNTIL MARCH 5, 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., MAY 5, 1981
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR