Veterans Administration Medical Center, New York, New York (Activity) and American Federation of Government Employees, Local 2094, AFL-CIO (Union)



[ v08 p207 ]
08:0207(43)AR
The decision of the Authority follows:


 8 FLRA No. 43
 
 VETERANS ADMINISTRATION MEDICAL CENTER
 NEW YORK, NEW YORK
 (Activity)
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 2094, AFL-CIO
 (Union)
 
                                            Case No. 0-AR-348
 
                        ORDER DISMISSING EXCEPTIONS
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR HARRY FRUMERMAN 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 CFR 2425.1(1981)).  FOR THE REASONS STATED BELOW, IT HAS
 BEEN DETERMINED THAT THE UNION'S EXCEPTIONS MUST BE DISMISSED AS
 UNTIMELY FILED.
 
    SECTION 7122(B) OF THE STATUTE AND SECTION 2425.1 OF THE AUTHORITY'S
 REGULATIONS PROVIDE 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 JANUARY 6, 1982. 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 FEBRUARY 4, 1982.  HOWEVER, THE
 SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL FEBRUARY 9,
 1982.  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 E