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