International Federation of Professional and Technical Engineers, Local 4 (Union) and Portsmouth Naval Shipyard, Portsmouth, New Hampshire (Activity)

 



[ v08 p399 ]
08:0399(83)AR
The decision of the Authority follows:


 8 FLRA No. 83
 
 INTERNATIONAL FEDERATION OF PROFESSIONAL
 AND TECHNICAL ENGINEERS, LOCAL 4
 (Union)
 
 and
 
 PORTSMOUTH NAVAL SHIPYARD,
 PORTSMOUTH, NEW HAMPSHIRE
 (Activity)
 
                                            Case No. O-AR-375
 
                        ORDER DISMISSING EXCEPTIONS
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR WILLIAM S. DEVINO, 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.
 
    UNDER SECTION 7122(B) OF THE STATUTE AND SECTION 2425.1(B) OF THE
 AUTHORITY'S RULES AND REGULATIONS, THE TIME LIMIT FOR FILING AN
 EXCEPTION TO AN ARBITRATION AWARD IS 30 DAYS BEGINNING ON AND INCLUDING
 THE DATE OF THE AWARD.  ADDITIONALLY, UNDER SECTION 2429.21 OF THE RULES
 AND REGULATIONS, ANY SUCH EXCEPTION MUST BE RECEIVED BY THE AUTHORITY
 BEFORE THE CLOSE OF BUSINESS ON THE LAST DAY OF THE PRESCRIBED TIME
 LIMIT.
 
    THE ARBITRATOR'S AWARD IN THIS CASE, AS INCLUDED IN THE UNION'S
 SUBMISSION, IS DATED MARCH 13, 1982.  THERFORE, UNDER THE STATUTE AND
 THE AUTHORITY'S RULES AND REGULATIONS, THE UNION'S EXCEPTIONS HAD TO BE
 FILED WITH THE AUTHORITY, I.E., RECEIVED, NO LATER THAN THE CLOSE CLOSE
 OF BUSINESS ON APRIL 12, 1982.  HOWEVER, THE EXCEPTIONS WERE NOT FILED
 UNTIL APRIL 14, 1982.  IN THAT REGARD, AND AS PROVIDED IN SECTION
 2429.23(D) OF THE RULES AND REGULATIONS, THE TIME LIMIT FOR FILING
 EXCEPTIONS TO AN ARBITRATION AWARD MAY NOT BE EXTENDED OR WAIVED BY THE
 AUTHORITY.
 
    ACCORDINGLY, AS THE UNION'S EXCEPTIONS WERE UNTIMELY FILED, THEY ARE
 HEREBY DISMISSED.
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., APRIL 30, 1982
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR