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United States Military Traffic Management Command, Eastern Area, Bayonne, New Jersey (Activity) and American Federation of Government Employees, Local 2855, AFL-CIO (Union) 



[ v05 p39 ]
05:0039(6)AR
The decision of the Authority follows:


 5 FLRA No. 6
 
 UNITED STATES MILITARY TRAFFIC MANAGEMENT
 COMMAND, EASTERN AREA, BAYONNE, NEW JERSEY
 (Activity)
 
 and
 
 LOCAL 2855, AMERICAN FEDERATION
 OF GOVERNMENT EMPLOYEES, AFL-CIO,
 (Union)
 
                                            Case No. 0-AR-166
 
                        ORDER DISMISSING EXCEPTIONS
 
    ON NOVEMBER 17, 1980, LOCAL 2855, AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, (THE UNION) FILED EXCEPTIONS TO THE AWARD OF
 ARBITRATOR CLARA H. FRIEDMAN 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 OCTOBER 14, 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 NOVEMBER 12, 1980.  HOWEVER, AS STATED
 ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL
 NOVEMBER 17, 1980.  IN THIS REGARD, THE AUTHORITY IS NOT EMPOWERED TO
 EXTEND OR WAIVE THE TIME LIMIT FOR FILING EXCEPTIONS TO ARBITRATOR'S
 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., JANUARY 30, 1981
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR
 
                          CERTIFICATE OF SERVICE
 
    COPIES OF THE AUTHORITY'S ORDER IN THE INSTANT CASE MAILED UPON
 ISSUANCE TO THE FOLLOWING:
 
    MR. JOHN J. BIANCHI
 
    PRESIDENT, LOCAL 2855
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, AFL-CIO
 
    MILITARY OCEAN TERMINAL
 
    BAYONNE, NEW JERSEY 07002
 
    MR. ALBERT J. ROGERS (W/C OF SUBJECT EXCEPTIONS)
 
    CIVILIAN PERSONNEL OFFICER
 
    UNITED STATES MILITARY TRAFFIC
 
    MANAGEMENT COMMAND
 
    EASTERN AREA
 
    BAYONNE, NEW JERSEY 07002