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