Office of Hearings and Appeals, Social Security Administration, HEW (Activity) and Local 3615, American Federation of Government Employees (Union)
[ v03 p468 ]
03:0468(70)AR
The decision of the Authority follows:
3 FLRA No. 70
OFFICE OF HEARINGS AND APPEALS,
SOCIAL SECURITY ADMINISTRATION, HEW
(Activity)
and
LOCAL 3615, AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES
(Union)
Case No. 0-AR-94
ORDER DISMISSING EXCEPTIONS
ON MAY 9, 1980, LOCAL 3615, AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO (THE UNION), FILED EXCEPTIONS TO THE AWARD OF
ARBITRATOR ABRAHAM WEISS 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 9, 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 8, 1980. HOWEVER, AS STATED ABOVE,
THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL MAY 9,
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-94, SENT TO THE FOLLOWING:
MR. BRUCE C. RANSOM, JR.
PRESIDENT, LOCAL 3615
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
P.O. BOX 147
ARLINGTON, VIRGINIA 22210
MR. ALBERT K. BUHL
LABOR RELATIONS OFFICER
OFFICE OF HEARINGS AND APPEALS
SOCIAL SECURITY ADMINISTRATION
P.O. BOX 2518
WASHINGTON, D.C. 20013