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American Federation of Government Employees, Council of District Office Locals, Local 147 and Department of Health, Education, and Welfare, Social Security Administration, San Francisco Region, Palm Springs Office



[ v01 p115 ]
01:0115(9)AR
The decision of the Authority follows:


 1 FLRA No. 9
                                            MARCH 26, 1979
 
 MR. PETER B. BROIDA
 SUPERVISORY TRIAL ATTORNEY
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO
 1325 MASSACHUSETTS AVENUE, N.W.
 WASHINGTON, D.C.  20005
 
                     RE:  AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, 
                          COUNCIL OF DISTRICT OFFICE LOCALS, LOCAL 147 
                          AND DEPARTMENT OF HEALTH, EDUCATION, AND 
                          WELFARE, SOCIAL SECURITY ADMINISTRATION, SAN 
                          FRANCISCO REGION, PALM SPRINGS OFFICE 
                          (LEVENTHAL, ARBITRATOR), Case No. 0-AR-14
 
 DEAR MR. BROIDA:
 
    THIS REFERS TO YOUR PETITION FOR REVIEW OF THE ARBITRATOR'S AWARD IN
 THE ABOVE-ENTITLED CASE, FILED WITH THE AUTHORITY ON MARCH 6, 1979.
 
    FOR THE REASONS INDICATED BELOW, IT HAS BEEN DETERMINED THAT YOUR
 PETITION WAS UNTIMELY FILED AND CANNOT BE ACCEPTED FOR REVIEW.
 
    SECTION 7112 OF THE FEDERAL LABOR-MANAGEMENT RELATIONS STATUTE (92
 STAT. 1212), AS HERE PERTINENT, PROVIDES:
 
    (A) EITHER PARTY TO ARBITRATION UNDER THIS CHAPTER MAY FILE WITH THE
 AUTHORITY AN EXCEPTION
 
    TO ANY ARBITRATOR'S AWARD PURSUANT TO ARBITRATION . . .
 
    (B) IF NO EXCEPTION TO AN ARBITRATOR'S AWARD IS FILED UNDER
 SUBSECTION (A) OF THIS SECTION
 
    DURING THE 30-DAY PERIOD BEGINNING ON THE DATE OF SUCH AWARD, THE
 AWARD SHALL BE FINAL AND
 
    BINDING . . .
 
    THE SUBJECT ARBITRATION AWARD IS DATED JANUARY 30, 1979.  THEREFORE,
 UNDER SECTION 7122(B) OF THE STATUTE, YOUR APPEAL WAS DUE IN THE OFFICE
 OF THE AUTHORITY ON MARCH 1, 1979.  HOWEVER, AS STATED ABOVE, YOUR
 APPEAL WAS NOT FILED WITH THE AUTHORITY UNTIL MARCH 6, 1979, AND THE
 AUTHORITY IS NOT EMPOWERED TO EXTEND OR WAIVE THE TIME LIMIT PRESCRIBED
 BY THE CITED SECTION OF THE STATUTE.
 
    ACCORDINGLY, AS YOUR PETITION FOR REVIEW WAS UNTIMELY FILED, AND PART
 FROM OTHER CONSIDERATIONS, THE PETITION IS DENIED.
 
    FOR THE AUTHORITY.
 
                                SINCERELY,
 
                             HAROLD D. KESSLER
 
                         DEPUTY EXECUTIVE DIRECTOR
 
    CC:  W. SCHUERHOLZ
 
    SSA