Social Security Administration, Headquarters Bureaus and Offices in Baltimore and SSA Local 1923, American Federation of Government Employees, AFL-CIO
[ v02 p38 ]
02:0038(5)AR
The decision of the Authority follows:
2 FLRA No. 5
MS. GEORGIA E. RAYMAN
707 NORTH CALVERT STREET
BALTIMORE, MARYLAND 21202
RE: SOCIAL SECURITY ADMINISTRATION, HEADQUARTERS
BUREAUS AND OFFICES IN BALTIMORE AND SSA
LOCAL 1923, AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO (ABLES, ARBITRATOR), Case
No. 0-AR-48
DEAR MS. RAYMAN:
THIS REFERS TO YOUR EXCEPTIONS TO THE ARBITRATOR'S AWARD IN THE
ABOVE-ENTITLED CASE, FILED WITH THE AUTHORITY ON OCTOBER 5, 1979.
SECTION 2425.1(A) OF THE AUTHORITY'S RULES OF PROCEDURE (44 F.R.
44740 ET SEQ., COPY ENCLOSED) PROVIDES, "EITHER PARTY TO ARBITRATION
UNDER THE PROVISIONS OF CHAPTER 71 OF TITLE 5 OF THE UNITED STATES CODE
MAY FILE AN EXCEPTION TO AN ARBITRATOR'S AWARD RENDERED PURSUANT TO THE
ARBITRATION."
IN THIS CASE, THE ARBITRATOR'S OPINION AND AWARD CLEARLY INDICATE
THAT TWO PARTIES (THE UNION AND THE AGENCY) PARTICIPATED IN THE
ARBITRATION PROCEEDING. THUS, IT DOES NOT APPEAR FROM THE ARBITRATOR'S
OPINION AND AWARD THAT YOU, ONE OF THE GRIEVANTS, PARTICIPATED AS A
"PARTY" IN THE PROCEEDING BEFORE THE ARBITRATOR. CONSEQUENTLY, YOU ARE
NOT ENTITLED TO FILE AN EXCEPTION UNDER SECTION 2425.1(A) OF THE
AUTHORITY'S RULES.
ACCORDINGLY, AND APART FROM OTHER CONSIDERATIONS, /1/ YOUR EXCEPTIONS
TO THE ARBITRATOR'S AWARD IN THE ABOVE-ENTITLED CASE ARE HEREBY
DISMISSED.
FOR THE AUTHORITY
SINCERELY,
HAROLD D. KESSLER
EXECUTIVE DIRECTOR
CC: (W/C OF EXCEPTIONS)
R. A. MATTHEWS
SSA
/1/ IN THIS REGARD, SECTION 2425.1(B) OF THE AUTHORITY'S RULES OF
PROCEDURE SPECIFY THAT THE TIME LIMIT FOR FILING AN EXCEPTION TO AN
ARBITRATOR'S AWARD IS 30 DAYS BEGINNING ON THE DATE OF THE AWARD. THE
SUBJECT AWARD IS DATED JUNE 26, 1979; ANY EXCEPTIONS TO THAT AWARD WERE
DUE IN THE OFFICE OF THE AUTHORITY NO LATER THAN THE CLOSE OF BUSINESS
ON JULY 26, 1979; AND, AS INDICATED ABOVE, YOUR EXCEPTIONS WERE NOT
FILED WITH THE AUTHORITY UNTIL OCTOBER 5, 1979. THUS, THOSE EXCEPTIONS
APPEAR TO HAVE BEEN UNTIMELY FILED.