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United States Department of Agriculture, Food Safety and Quality Service and American Federation of Government Employees, National Joint Council of Meat Inspection Locals, AFL-CIO, Local 925



[ v01 p752 ]
01:0752(84)AR
The decision of the Authority follows:


 1 FLRA No. 84
                                            JULY 13, 1979
 
 MR. RONALD D. KING, DIRECTOR
 CONTRACT AND APPEALS DIVISION
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO
 1325 MASSACHUSETTS AVENUE, N.W.
 WASHINGTON, D.C. 20005
 
                     RE:  UNITED STATES DEPARTMENT OF AGRICULTURE,
                          FOOD SAFETY AND QUALITY SERVICE AND
                          AMERICAN FEDERATION OF GOVERNMENT
                          EMPLOYEES, NATIONAL JOINT COUNCIL OF MEAT
                          INSPECTION LOCALS, AFL-CIO, LOCAL 925
                          (CATHERWOOD, ARBITRATOR), Case No. 0-AR-21
 
 DEAR MR. KING:
 
    THIS REFERS TO YOUR PETITION FOR REVIEW OF THE ARBITRATOR'S AWARD IN
 THE ABOVE-ENTITLED CASE, FILED WITH THE AUTHORITY ON MAY 18, 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 INCLUDED IN YOUR SUBMISSION, IS
 DATED ONLY "MARCH 1979." FROM DOCUMENTS SUBSEQUENTLY SUBMITTED BY THE
 AGENCY IN THIS CASE, IT APPEARS THAT THE ARBITRATOR TRANSMITTED HIS
 AWARD TO THE PARTIES BY LETTER DATED APRIL 2, 1979.  THEREFORE, EVEN
 ASSUMING THE EFFECTIVE DATE OF THE AWARD TO BE APRIL 2, 1979, ANY APPEAL
 FILED BY YOU UNDER SECTION 7122 OF THE STATUTE WOULD HAVE BEEN DUE IN
 THE OFFICE OF THE AUTHORITY ON MAY 1, 1979.  HOWEVER, AS STATED ABOVE,
 YOUR APPEAL WAS NOT FILED WITH THE AUTHORITY UNTIL MAY 18, 1979.  IN
 THIS REGARD, THE AUTHORITY IS NOT EMPOWERED TO EXTEND OR WAIVE THE TIME
 LIMIT PRESCRIBED BY THE CITED SECTION OF THE STATUTE.
 
    THE AGENCY, AND THE OFFICE OF PERSONNEL MANAGEMENT AS AMICUS CURIAE,
 SHALL HAVE 20 DAYS FROM THE DATE OF RECEIPT OF A COPY OF THIS LETTER TO
 FILE ANY SUBMISSION THAT THEY MAY WISH TO HAVE CONSIDERED BY THE
 AUTHORITY IN ITS DELIBERATIONS IN THIS CASE.
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
    CC:  A. E. ROSS
 
    JUSTICE
 
    A. F. INGRASSIA
 
    OPM