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