Department of the Navy, Consolidated Civilian Personnel Office, Naval Base Police, Pearl Harbor (Activity) and Local R-12-195, International Brotherhood of Police Officers, National Association of Government Employees (Union)
[ v03 p472 ]
03:0472(72)AR
The decision of the Authority follows:
3 FLRA No. 72
DEPARTMENT OF THE NAVY,
CONSOLIDATED CIVILIAN PERSONNEL
OFFICE, NAVAL BASE POLICE,
PEARL HARBOR
(Activity)
and
LOCAL R-12-195, INTERNATIONAL
BROTHERHOOD OF POLICE OFFICERS/
NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES
(Union)
Case No. 0-AR-90
ORDER DISMISSING EXCEPTIONS
ON APRIL 25, 1980, LOCAL R-12-195, INTERNATIONAL BROTHERHOOD OF
POLICE OFFICERS/NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES (THE
UNION), FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR RONALD C. BROWN 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 MARCH 25, 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 APRIL 23, 1980. HOWEVER, AS STATED
ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL
APRIL 25, 1980. IN THIS REGARD, THE AUTHORITY IS NOT EMPOWERED TO
EXTEND OR WAIVE THE TIME LIMIT FOR FILING EXCEPTIONS TO ARBITRATORS'
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 OF JUNE 25, 1980, IN CASE NO. SENT TO
THE FOLLOWING:
MR. ELBRIDGE W. SMITH
SHIRLEY & JORDAN
ATTORNEYS AT LAW
P.O. BOX 2660
HONOLULU, HAWAII 96803
MR. EARL N. AOKI
DEPARTMENT OF THE NAVY
CONSOLIDATED CIVILIAN PERSONNEL
OFFICE, PEARL HARBOR
4300 RADFORD DRIVE
HONOLULU, HAWAII 96818