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United States Navy and Supervisor of Ship Building, Newport News, Virginia (Activity) and National Association of Government Employees, Local R4- 2 (Union)



[ v07 p311 ]
07:0311(48)AR
The decision of the Authority follows:


 7 FLRA No. 48
 
 UNITED STATES NAVY
 AND SUPERVISOR OF SHIP BUILDING,
 NEWPORT NEWS, VIRGINIA
 (Activity)
 
 and
 
 NATIONAL ASSOCIATION
 OF GOVERNMENT EMPLOYEES,
 LOCAL R4-2
 (Union)
 
                                            Case No. O-AR-284
 
                        ORDER DISMISSING EXCEPTIONS
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR ROY D. CROMWELL 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. SEC. 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 INCLUDED IN THE UNION'S
 SUBMISSION, IS DATED JULY 21, 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 AUGUST 19, 1981.  HOWEVER, THE
 SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL AUGUST 20,
 1981.  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 EXCEPTIONS ARE HEREBY DISMISSED.
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., DECEMBER 8, 1981
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR