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Mare Island Naval Shipyard (Activity) and Federal Employees Metal Trades Council of Vallejo, AFL-CIO (Union)



[ v03 p463 ]
03:0463(68)AR
The decision of the Authority follows:


 3 FLRA No. 68
 
 MARE ISLAND NAVAL SHIPYARD
 (Activity)
 
 and
 
 FEDERAL EMPLOYEES METAL TRADES
 COUNCIL OF VALLEJO, AFL-CIO
 (Union)
 
                                            Case No. 0-AR-105
 
                        ORDER DISMISSING EXCEPTIONS
 
    ON MAY 28, 1980, FEDERAL EMPLOYEES METAL TRADES COUNCIL, AFL-CIO (THE
 UNION) FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR MORRIS L. MYERS IN
 THE INSTANT CASE WITH THE AUTHORITY, PURSUANT TO SECTION 2425.1 OF THE
 AUTHORITY'S REGULATIONS (5 C.F.R. 2425.1(1980)).  FOR THE REASONS
 INDICATED BELOW, IT HAS BEEN DETERMINED THAT THE SUBJECT EXCEPTIONS WERE
 UNTIMELY FILED AND CANNOT BE ACCEPTED FOR REVIEW.
 
    SECTION 2425.1(B) OF THE AUTHORITY'S REGULATIONS (5 C.F.R.
 2425.1(B)(1980)) PROVIDES:
 
    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 THE UNION'S SUBMISSION,
 IS DATED APRIL 24, 1980.  THEREFORE, UNDER SECTION 2425.1(B) OF THE
 AUTHORITY'S REGULATIONS, THE UNION'S EXCEPTIONS WERE DUE IN THE OFFICE
 OF THE AUTHORITY NO LATER THAN MAY 23, 2980.  HOWEVER, AS STATED ABOVE,
 THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL MAY 28,
 1980.  IN THIS REGARD, THE AUTHORITY IS NOT EMPOWERED TO EXTEND OR WAIVE
 THE TIME LIMIT FOR FILING EXCEPTIONS TO ARBITRATOR'S AWARDS.
 
    ACCORDINGLY, AS THE UNION'S EXCEPTIONS WERE UNTIMELY FILED, AND APART
 FROM OTHER CONSIDERATIONS, THE UNION'S APPEAL IS HEREBY DISMISSED.
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., JUNE 25, 1980.
 
                 SAMUEL A. CHAITOVITZ, EXECUTIVE DIRECTOR
 
                               SERVICE SHEET
 
    COPIES OF THE AUTHORITY'S ORDER DATED JUNE 25, 1980, IN CASE NO.
 O-AR-105, SENT TO THE FOLLOWING:
 
    MR. JOHN C. ROBINSON
 
    PRESIDENT
 
    FEDERAL EMPLOYEES METAL TRADES
 
    COUNCIL, AFL-CIO
 
    P.O. BOX 2195
 
    VALLEJO, CALIFORNIA 94592
 
    MR. DON WILSON
 
    WESTERN FIELD DIVISION
 
    OFFICE OF CIVILIAN PERSONNEL
 
    DEPARTMENT OF THE NAVY
 
    760 MARKET STREET
 
    SAN FRANCISCO, CALIFORNIA 94102