Veterans Administration, Buffalo Regional Office (Activity) and American Federation of Government Employees, Local 3314, AFL-CIO (Union)
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04:0301(41)AR
The decision of the Authority follows:
4 FLRA No. 41
VETERANS ADMINISTRATION,
BUFFALO REGIONAL OFFICE
(Activity)
and
LOCAL NO. 3314, AMERICAN
FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
(Union)
Case No. O-AR-139
ORDER DISMISSING EXCEPTIONS
ON SEPTEMBER 15, 1980, THE VETERANS ADMINISTRATION (AGENCY) FILED
EXCEPTIONS TO THE AWARD OF ARBITRATOR JACOB D. HYMAN IN THE INSTANT CASE
WITH THE AUTHORITY, PURSUANT TO SECTION 2524.1 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 AUGUST 13, 1980. THEREFORE, UNDER SECTION
2425.1(0) OF THE AUTHORITY'S REGULATIONS, THE AGENCY'S EXCEPTIONS WERE
DUE IN THE OFFICE OF THE AUTHORITY NO LATER THAN SEPTEMBER 11, 1980.
HOWEVER, AS STATED ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE
AUTHORITY UNTIL SEPTEMBER 15, 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., SEPTEMBER 29, 1980
HAROLD D. KESSLER, ACTING EXECUTIVE DIRECTOR
CERTIFICATE OF SERVICE
COPIES OF THE AUTHORITY'S ORDER DATED SEPTEMBER 29, 1980, IN THE
INSTANT CASE, SENT TO THE FOLLOWING:
MR. JAMES C. KLEIN
ATTORNEY
OFFICE OF THE GENERAL COUNSEL
VETERANS ADMINISTRATION
810 VERMONT AVENUE, NW.
WASHINGTON, D.C. 20420
MR. JERRY LORANG (W/C SUBJECT EXCEPTIONS)
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
111 WEST HURON STREET
BUFFALO, NEW YORK 14202