Headquarters, 323rd Flying Training Wing, Mather Air Force Base, California (Activity) and American Federation of Government Employees, Local 1692 (Union)
[ v03 p475 ]
03:0475(73)AR
The decision of the Authority follows:
3 FLRA No. 73
HEADQUARTERS, 323RD FLYING
TRAINING WING, MATHER AIR
FORCE BASE, CALIFORNIA
(Activity)
and
LOCAL 1692, AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES
(Union)
Case No. 0-AR-102
ORDER DISMISSING EXCEPTIONS
ON MAY 27, 1980, LOCAL 1692, AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO (THE UNION), FILED EXCEPTIONS TO THE AWARD OF
ARBITRATOR CORNELIUS J. PECK 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 22, 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 21, 1980. HOWEVER, AS STATED ABOVE,
THE SUBJECT EXCEPTIONS WERE NOT FILED WITHIN THE AUTHORITY UNTIL MAY 27,
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 26, 1980
SAMUEL A. CHAITOVITZ, EXECUTIVE DIRECTOR
SERVICE SHEET
COPIES OF THE AUTHORITY'S ORDER DATED JUNE 26, 1980, IN CASE NO.
O-AR-102, SENT TO THE FOLLOWING:
MR. HOWARD E. BERRYMAN
PRESIDENT, LOCAL 1692
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
MATHER AIR FORCE BASE, CALIFORNIA 95655
MR. JAMES E. GREENE
HEADQUARTERS, 323RD FLYING TRAINING
WING
MATHER AIR FORCE BASE, CALIFORNIA 95655