American Federation of Government Employees, Local 1917, AFL-CIO (Union) and Immigration and Naturalization Service (Activity) 



[ v07 p289 ]
07:0289(43)AR
The decision of the Authority follows:


 7 FLRA No. 43
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, AFL-CIO,
 LOCAL 1917
 (Union)
 
 and
 
 IMMIGRATION AND NATURALIZATION
 SERVICE
 (Activity)
 
                                            Case No. O-AR-289
 
                        ORDER DISMISSING EXCEPTIONS
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR CHARLES T. SCHMIDT, JR., FILED BY THE UNION PURSUANT TO
 SECTION 7122(A) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
 STATUTE (5 U.S.C. 7122(A)) AND SECTION 2425.1 OF THE AUTHORITY'S RULES
 AND REGULATIONS (5 C.F.R. 2425.1(1981)).  FOR THE REASONS STATED BELOW,
 IT HAS BEEN DETERMINED THAT THE UNION'S EXCEPTIONS MUST BE DISMISSED AS
 UNTIMELY FILED.
 
    SECTION 2425.1(B) OF THE AUTHORITY'S REGULATIONS PROVIDES THAT THE
 TIME LIMIT FOR FILING AN EXCEPTION TO AN ARBITRATION AWARD IS THIRTY
 DAYS BEGINNING ON AND INCLUDING THE DATE OF THE AWARD.
 
    THE ARBITRATOR'S AWARD IN THIS CASE, AS NOTED IN THE UNION'S
 EXCEPTIONS, IS DATED AUGUST 12, 1981.  THEREFORE, UNDER SECTION
 2425.1(B) OF THE AUTHORITY'S REGULATIONS, THE EXCEPTIONS WERE DUE IN THE
 OFFICE OF THE AUTHORITY NO LATER THAN SEPTEMBER 10, 1981.  HOWEVER, THE
 SUBJECT EXCEPTIONS WERE NOT FILED UNTIL SEPTEMBER 29, 1981.  IN THIS
 REGARD, THE AUTHORITY IS NOT EMPOWERED TO EXTEND OR WAIVE THE TIME LIMIT
 FOR FILING EXCEPTIONS TO ARBITRATOR