National Federation of Federal Employees, Local 405 (Union) and Army Troop Support and Aviation Materiel Readiness Command (Activity)

 



[ v08 p211 ]
08:0211(45)AR
The decision of the Authority follows:


 8 FLRA No. 45
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 405
 (Union)
 
 and
 
 U.S. ARMY TROOP SUPPORT AND AVIATION
 MATERIEL READINESS COMMAND
 (Activity)
 
                                            Case No. 0-AR-350
 
                        ORDER DISMISSING EXCEPTIONS
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR MERTON C. BERNSTEIN 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 7122(B) OF THE STATUTE AND 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 JANUARY 11, 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 9, 1982.
 HOWEVER, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL
 FEBRUARY 16, 1982.  IN THIS REGARD, THE AUTHORITY IS NOT EMPOWERED TO
 EXTEND TO 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., MARCH 19, 1982.
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR