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Community Services Administration (Agency) and National Council of CSA Locals, American Federation of Government Employees, AFL-CIO (Union) 



[ v03 p528 ]
03:0528(84)AR
The decision of the Authority follows:


 3 FLRA No. 84
 
 COMMUNITY SERVICES ADMINISTRATION
 (Agency)
 
 and
 
 NATIONAL COUNCIL OF CSA LOCALS,
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO
 (Union)
 
                                            Case No. 0-AR-106
 
                        ORDER DISMISSING EXCEPTIONS
 
    ON MAY 29, 1980, COMMUNITY SERVICES ADMINISTRATION (THE AGENCY) FILED
 EXCEPTIONS TO THE AWARD OF ARBITRATOR SEYMOUR STRONGIN IN THE INSTANT
 CASE WITH THE AUTHORITY, PURSUANT TO SECTION 2425.1 OF THE AUTHORITY'S
 REGULATIONS (5 C.F.R. 2425.1(1980)).  THE AGENCY ALSO REQUESTED A STAY
 OF THE AWARD.  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 AGENCY'S
 SUBMISSION, IS DATED APRIL 29, 1980.  THEREFORE, UNDER SECTION 2425.1(B)
 OF THE AUTHORITY'S REGULATIONS, THE AGENCY'S EXCEPTIONS WERE DUE IN THE
 OFFICE OF THE AUTHORITY NO LATER THAN MAY 28, 1980.  HOWEVER, AS STATED
 ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL
 MAY 29, 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 AGENCY'S EXCEPTIONS WERE UNTIMELY FILED, AND
 APART FROM OTHER CONSIDERATIONS, THE AGENCY'S APPEAL AND REQUEST FOR A
 STAY ARE HEREBY DISMISSED.
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., JUNE 27, 1980
 
                 SAMUEL A. CHAITOVITZ, EXECUTIVE DIRECTOR
 
                               SERVICE SHEET
 
    COPIES OF THE AUTHORITY'S ORDER DATED JUNE 27, 1980, IN CASE NO.
 O-AR-106, SENT TO THE FOLLOWING:
 
    MR. ROGERS DAVIS, CHIEF
 
    LABOR MANAGEMENT RELATIONS
 
    COMMUNITY SERVICES ADMINISTRATION
 
    WASHINGTON, D.C.  20506
 
    MR. BERNARD S. HOROWITZ
 
    CHIEF STEWARD
 
    NATIONAL COUNCIL OF CSA LOCALS
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, AFL-CIO
 
    101 MARIETTA STREET
 
    ATLANTA, GEORGIA 30323