The National Council of Field Labor Locals, Local 2513, American Federation of Government Employees (Union) and U.S. Department of Labor (Agency) 



[ v08 p264 ]
08:0264(60)AR
The decision of the Authority follows:


 8 FLRA No. 60
 
 THE NATIONAL COUNCIL OF FIELD LABOR
 LOCALS, LOCAL 2513, AMERICAN
 FEDERATION OF GOVERNMENT EMPLOYEES
 (Union)
 
 and
 
 U.S. DEPARTMENT OF LABOR
 (Agency)
 
                                            Case No. O-AR-344
 
                        ORDER DISMISSING EXCEPTIONS
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR GEORGE NICOLAU FILED BY THE UNION PURSUANT TO SECTION 7122(A)
 OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C. SEC.
 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 7122(B) OF THE STATUTE AND SECTION 2425.1(B) 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.  ADDITIONALLY, UNDER SECTIONS 2429.21
 AND 2429.24(B) AND APPENDIX A OF THE REGULATIONS, ANY SUCH EXCEPTION
 MUST BE FILED WITH THE NATIONAL OFFICE IN WASHINGTON, D.C. AND RECEIVED
 IN THAT OFFICE BEFORE THE CLOSE OF BUSINESS ON THE LAST DAY OF THE
 PRESCRIBED TIME PERIOD.
 
    THE ARBITRATOR'S AWARD IN THIS CASE, AS INCLUDED IN THE UNION'S
 SUBMISSION, IS DATED NOVEMBER 30, 1981.  THEREFORE, UNDER SECTION
 2425.1(B) OF THE AUTHORITY'S REGULATIONS, THE UNION'S EXCEPTIONS WERE
 DUE IN THE NATIONAL OFFICE OF THE AUTHORITY IN WASHINGTON, D.C., BEFORE
 THE CLOSE OF BUSINESS ON DECEMBER 29, 1981.  HOWEVER, THE UNION'S
 EXCEPTIONS, INITIALLY MISFILED WITH THE AUTHORITY'S NEW YORK REGIONAL
 OFFICE, /1/ WERE NOT PROPERLY FILED IN THE NATIONAL OFFICE UNTIL
 FEBRUARY 1, 1982.  THUS, WITHOUT PASSING UPON WHETHER A WAIVER OR THE
 REQUIREMENT FOR FILING IN THE NATIONAL OFFICE MIGHT BE WARRANTED IN THE
 CIRCUMSTANCES OF THIS CASE, IT IS CLEAR THAT THE UNION'S EXCEPTIONS WERE
 NOT TIMELY FILED BY DECEMBER 29, 1981, AS REQUIRED.  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., MARCH 24, 1982
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR
 
 
 
 
 
 --------------- FOOTNOTES: ---------------
 
 
    /1/ THE UNION'S EXCEPTIONS, DATED DECEMBER 30, 1981, WERE ORIGINALLY
 MAILED TO THE AUTHORITY'S FORMER ADDRESS, 1900 E STREET, NW.,
 WASHINGTON, D.C., AND WERE RETURNED TO THE SENDER, AT WHICH TIME THE
 UNION MISFILED THE EXCEPTIONS WITH THE AUTHORITY'S NE