Department of Health, Education and Welfare, Social Security Administration, Southeastern Program Center, Birmingham, Alabama (Activity) and American Federation of Government Employees, Local 2206 (Union)
[ v04 p679 ]
04:0679(88)AR
The decision of the Authority follows:
4 FLRA No. 88
DEPARTMENT OF HEALTH, EDUCATION
AND WELFARE, SOCIAL SECURITY ADMINISTRATION,
SOUTHEASTERN PROGRAM CENTER,
BIRMINGHAM, ALABAMA
(Activity)
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2206
(Union)
Case No. 0-AR-149
ORDER DISMISSING EXCEPTIONS
ON OCTOBER 6, 1980, LOCAL 2206, AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO (THE UNION), FILED EXCEPTIONS TO THE AWARD OF
ARBITRATOR HENRY B. WELCH 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 SEPTEMBER 3, 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 OCTOBER 2, 1980. HOWEVER, AS STATED
ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL
OCTOBER 6, 1980. IN THIS RETARD, 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 APPEAL IS HEREBY DISMISSED.
FOR THE AUTHORITY.
ISSUED, WASHINGTON, D.C., NOVEMBER 20, 1980
JAMES J. SHEPARD, EXECUTIVE DIRECTOR