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Bremerton Metal Trades Council and Puget Sound Naval Shipyard



[ v02 p402 ]
02:0402(53)AR
The decision of the Authority follows:


 2 FLRA No. 53
 
 MR. WILLIAM K. HOLT
 REPRESENTATIVE
 BREMERTON METAL TRADES COUNCIL
 P.O. BOX 488
 BREMERTON, WASHINGTON 98310
 
                       RE:  BREMERTON METAL TRADES COUNCIL AND PUGET
                            SOUND NAVAL SHIPYARD (MCCAFFREE,
                            ARBITRATOR), Case No. 0-AR-61
 
 DEAR MR. HOLT:
 
    THIS REFERS TO YOUR EXCEPTIONS TO THE ARBITRATOR'S AWARD IN THE
 ABOVE-ENTITLED CASE, FILED WITH THE AUTHORITY ON DECEMBER 12, 1979.
 
    FOR THE REASONS INDICATED BELOW, IT HAS BEEN DETERMINED THAT YOUR
 EXCEPTIONS WERE UNTIMELY FILED AND CANNOT BE ACCEPTED FOR REVIEW.
 
    SECTION 2425.1(B) OF THE REGULATIONS OF THE FEDERAL LABOR RELATIONS
 AUTHORITY (COPY ENCLOSED) PROVIDES:
 
    (B) THE TIME LIMIT FOR FILING AN EXCEPTION TO AN ARBITRATION AWARD IS
 THIRTY (30) DAYS
 
    BEGINNING ON THE DATE OF THE AWARD.
 
    THE SUBJECT ARBITRATION AWARD, AS INCLUDED IN YOUR SUBMISSION, IS
 DATED SEPTEMBER 28, 1979.  THEREFORE, UNDER SECTION 2425.1(B) OF THE
 AUTHORITY'S REGULATIONS, YOUR EXCEPTIONS WERE DUE IN THE OFFICE OF THE
 AUTHORITY NO LATER THAN OCTOBER 29, 1979.  /1/ HOWEVER, AS STATED ABOVE,
 YOUR EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL DECEMBER 12,
 1979.  IN THIS REGARD, THE AUTHORITY IS NOT EMPOWERED TO EXTEND OR WAIVE
 THE TIME LIMIT FOR FILING EXCEPTIONS TO ARBITRATORS' AWARDS.
 
    ACCORDINGLY, AS YOUR EXCEPTIONS WERE UNTIMELY FILED, AND APART FROM
 OTHER CONSIDERATIONS, YOUR APPEAL IS HEREBY DISMISSED.
 
    FOR THE AUTHORITY.
 
                                SINCERELY,
 
                           SAMUEL A. CHAITOVITZ
 
                            EXECUTIVE DIRECTOR
 
    ENCLOSURE
 
    CC:  D.B. FRANEY
 
    NAVY
 
    /1/ IN THIS REGARD, YOU STATE IN YOUR EXCEPTIONS THAT THE UNION DID
 NOT RECEIVE A COPY OF THE ARBITRATOR'S AWARD UNTIL OCTOBER 25, 1979.
 EVEN WERE THE 30-DAY PERIOD FOR FILING EXCEPTIONS IN THESE CIRCUMSTANCES
 TO BEGIN ON THE DATE OF RECEIPT BY THE UNION OF A COPY OF THE
 ARBITRATOR'S AWARD, AN ISSUE AS TO WHICH WE EXPRESS NO OPINION, THOSE
 EXCEPTIONS WOULD HAVE BEEN DUE IN THE OFFICE OF THE AUTHORITY NO LATER
 THAN NOVEMBER 23, 1979.