Bureau of Alcohol, Tobacco and Firearms, U.S. Treasury Department (Activity) and National Treasury Employees Union, Irwin Solomon, Grievant (Union)
[ v04 p532 ]
04:0532(71)AR
The decision of the Authority follows:
4 FLRA No. 71
BUREAU OF ALCOHOL, TOBACCO
AND FIREARMS, U.S. TREASURY
DEPARTMENT
(Activity)
and
NATIONAL TREASURY EMPLOYEES
UNION, IRWIN SOLOMON, GRIEVANT
(Union)
Case No. 0-AR-148
ORDER DISMISSING EXCEPTIONS
ON OCTOBER 1, 1980, THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS (THE
ACTIVITY) FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR COLTMAN D. SHEPARD
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 ACTIVITY'S
SUBMISSION, IS DATED AUGUST 27, 1980. THEREFORE, UNDER SECTION
2425.1(B) OF THE AUTHORITY'S REGULATIONS, THE ACTIVITY'S EXCEPTIONS WERE
DUE IN THE OFFICE OF THE AUTHORITY NO LATER THAN SEPTEMBER 25, 1980.
HOWEVER, AS STATED ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE
AUTHORITY UNTIL OCTOBER 1, 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 ACTIVITY'S EXCEPTIONS WERE UNTIMELY FILED, AND
APART FROM OTHER CONSIDERATIONS, THE ACTIVITY'S APPEAL IS HEREBY
DISMISSED.
FOR THE AUTHORITY.
ISSUED, WASHINGTON,D.C., OCTOBER 31, 1980
HAROLD D. KESSLER, ACTING EXECUTIVE DIRECTOR
CERTIFICATE OF SERVICE
COPIES OF THE AUTHORITY'S ORDER IN THE INSTANT CASE MAILED THIS DATE
TO THE FOLLOWING:
MR. MICHAEL SITCOV
STAFF ATTORNEY
DEPARTMENT OF TREASURY
BUREAU OF ALCOHOL, TOBACCO AND FIREARMS
WASHINGTON, D.C. 20226
MR. DAVID HANDSHER
ASSISTANT COUNSEL
NATIONAL TREASURY EMPLOYEES UNION
209 POST STREET, SUITE 1112
SAN FRANCISCO, CALIFORNIA 94108