Department of the Army, Civilian Personnel Office, Rock Island Arsenal and National Federation of Federal Employees

 1 FLRA No. 82
                                            JULY 11, 1979
 
 MR. CHARLES E. THOMAS, ACTING CHIEF
 LABOR AND EMPLOYEE RELATIONS DIVISION
 OFFICE OF THE DEPUTY CHIEF OF STAFF
 FOR PERSONNEL
 DEPARTMENT OF THE ARMY
 WASHINGTON, D.C. 20310
 
                             RE:  DEPARTMENT OF THE ARMY, CIVILIAN
                                  PERSONNEL OFFICE, ROCK ISLAND
                                  ARSENAL AND NATIONAL FEDERATION
                                  OF FEDERAL EMPLOYEES (BLACKMAN,
                                  ARBITRATOR), Case No. 0-AR-18
 
 DEAR MR. THOMAS:
 
    THIS REFERS TO YOUR PETITION FOR REVIEW OF THE ARBITRATOR'S AWARD IN
 THE ABOVE-ENTITLED CASE, FILED WITH THE AUTHORITY ON APRIL 30, 1979.
 
    FOR THE REASONS INDICATED BELOW, IT HAS BEEN DETERMINED THAT YOUR
 PETITION WAS UNTIMELY FILED AND CANNOT BE ACCEPTED FOR REVIEW.
 
    SECTION 7122 OF THE FEDERAL SERVICE 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, AS SUPPLEMENTED BY THE ARBITRATOR, IS
 DATED MARCH 28, 1979.  THEREFORE, UNDER SECTION 7122(B) OF THE STATUTE,
 YOUR APPEAL WAS DUE IN THE OFFICE OF THE AUTHORITY ON APRIL 27, 1979.
 HOWEVER, AS STATED ABOVE, YOUR APPEAL WAS NOT FILED WITH THE AUTHORITY
 UNTIL APRIL 30, 1919, 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
 APART FROM OTHER CONSIDERATIONS, THE PETITION IS DENIED.
 
    FOR THE AUTHORITY.
 
                                SINCERELY,
 
                             HAROLD D. KESSLER
 
                         DEPUTY EXECUTIVE DIRECTOR
 
    CC:  S. ADOLPHSON
 
    NFFE