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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