Veterans Administration Medical Center, Dayton, Ohio (Activity) and American Federation of Government Employees, Local 2209 (Union)
[ v04 p360 ]
04:0360(46)AR
The decision of the Authority follows:
4 FLRA No. 46
VETERANS ADMINISTRATION MEDICAL
CENTER, DAYTON, OHIO
(Activity)
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2209
(Union)
Case No. O-AR-142
ORDER DISMISSING EXCEPTIONS
ON SEPTEMBER 22, 1980, LOCAL 2209, AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO (THE UNION), FILED EXCEPTIONS TO THE AWARD OF
ARBITRATOR L. D. MAY 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 AUGUST 19, 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 SEPTEMBER 17, 1980. HOWEVER, AS STATED
ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL
SEPTEMBER 22, 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 EXCEPTIONS ARE HEREBY DISMISSED.
FOR THE AUTHORITY.
ISSUED, WASHINGTON, D.C., SEPTEMBER 30, 1980
HAROLD D. KESSLER, ACTING EXECUTIVE DIRECTOR
CERTIFICATE OF SERVICE
COPIES OF THE AUTHORITY'S ORDER IN THE INSTANT CASE WERE MAILED THIS
DAY TO THE FOLLOWING:
MS. MILDRED AMEY
PRESIDENT, LOCAL 2209
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
P.O. BOX 306
DUNBAR STATION
DAYTON, OHIO 45417
MR. RUBERT A. MILLER (W/C SUBJECT EXCEPTIONS)
VETERANS ADMINISTRATION MEDICAL CENTER
4100 WEST THIRD STREET
DAYTON, OHIO 45428