[ v03 p470 ]
03:0470(71)AR
The decision of the Authority follows:
3 FLRA No. 71
NAVAL AIR DEVELOPMENT CENTER
(Activity)
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL #1928
(Union)
Case No. 0-AR-103
ORDER DISMISSING EXCEPTIONS
ON MAY 21, 1980, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO
(THE UNION), FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR EDWARD J.
MULLALY 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 21, 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 20, 1980. HOWEVER, AS STATED ABOVE,
THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL MAY 21,
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-103, SENT TO THE FOLLOWING:
MR. ROYAL L. SIMS
NATIONAL VICE PRESIDENT, 3RD DISTRICT
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
4847 NORTH BROAD STREET, SUITE 201
PHILADELPHIA, PENNSYLVANIA 19141
MR. ROBERT CARROLL
EMPLOYEE AND LABOR RELATIONS OFFICERS
NAVAL AIR DEVELOPMENT CENTER
WARMINSTER, PENNSYLVANIA 18974