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.