39:0629(51)AR - - Air Force, Albrook AFB, Panama and National Maritime Union - - 1991 FLRAdec AR - - v39 p629
[ v39 p629 ]
The decision of the Authority follows:
39 FLRA No. 51
FEDERAL LABOR RELATIONS AUTHORITY
U.S. DEPARTMENT OF THE AIR FORCE
ALBROOK AIR FORCE BASE
NATIONAL MARITIME UNION
ORDER DENYING MOTION FOR RECONSIDERATION
February 14, 1991
Before Chairman McKee and Members Talkin and Armendariz.
I. Statement of the Case
This matter is before the Authority on the Union's motion for reconsideration of the Authority's order dismissing its exceptions. Because the Union fails to establish extraordinary circumstances that would warrant reconsideration of the order, we will deny the motion.
II. The Order Dismissing the Union's Exceptions
On November 5, 1990, the Union filed exceptions, dated October 30, 1990, to the arbitration award of Arbitrator C. Allen Foster. On December 6, 1990, the Authority issued an order to the Union to show cause why its exceptions should not be dismissed as untimely filed. The Authority explained that the Union stated that the award was issued on September 27, 1990, and that, presuming that the award was deposited in the U.S. mail on that date, exceptions to the award had to be either postmarked or received in person at the Authority no later than October 31, 1990, in order to have been considered timely. Because the Union's exceptions were filed (postmarked) on November 5, 1990, the Authority stated that the exceptions appeared to be untimely and ordered the Union to show cause why its exceptions should not be dismissed. The Authority also noted that the Union's exceptions were deficient under the Authority's Rules because the Arbitrator's address, copies of the Arbitrator's award, and a statement of service were not included as part of the exceptions.
Accordingly, the Authority ordered that by December 19, 1990, the Union must file its response to the order to show cause and must cure the deficiencies in its exceptio