Department of the Army, Fort Drum, New York (Activity) and National Association of Government Employees, Local R2-61 (Union)



[ v07 p754 ]
07:0754(123)AR
The decision of the Authority follows:


 7 FLRA No. 123
 
 DEPARTMENT OF THE ARMY,
 FORT DRUM, NEW YORK
 (Activity)
 
 and
 
 NATIONAL ASSOCIATION
 OF GOVERNMENT EMPLOYEES,
 LOCAL R2-61
 (Union)
 
                                            Case No. O-AR-323
 
                        ORDER DISMISSING EXCEPTIONS
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR DANIEL C. WILLIAMS FILED BY THE ACTIVITY 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(B)(1981)).  FOR THE REASONS STATED BELOW,
 IT HAS BEEN DETERMINED THAT THE ACTIVITY'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 ACTIVITY'S
 SUBMISSION, IS DATED OCTOBER 28, 1981.  THEREFORE, UNDER SECTION
 2425.1(B) OF THE AUTHORITY'S REGULATIONS, THE ACTIVITY'S EXCEPTIONS WERE
 DUE IN THE OFFICE OF THE AUTHORITY NO LATER THAN NOVEMBER 27, 1981.
 HOWEVER, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL
 DECEMBER 7, 1981.  IN THIS REGARD, THE AUTHORITY IS NOT EMPOWERED TO
 EXTEND OR WAIVE THE TIME LIMIT FOR FILING E