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Internal Revenue Service, Pittsburgh District (Activity) and National Treasury Employees Union, Chapter 71 (Union)



[ v05 p541 ]
05:0541(65)AR
The decision of the Authority follows:


 5 FLRA No. 65
 
 INTERNAL REVENUE SERVICE,
 PITTSBURGH DISTRICT
 (Activity)
 
 and
 
 NATIONAL TREASURY EMPLOYEES
 UNION, CHAPTER 71
 (Union)
 
                                            Case No. 0-AR-188
 
                        ORDER DISMISSING EXCEPTIONS
 
    ON JANUARY 21, 1981, THE INTERNAL REVENUE SERVICE (THE AGENCY) FILED
 EXCEPTIONS TO THE AWARD OF ARBITRATOR HERBERT FISHGOLD 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 AGENCY'S
 SUBMISSION, IS DATED DECEMBER 17, 1980.  THEREFORE, UNDER SECTION
 2425.1(B) OF THE AUTHORITY'S REGULATIONS, THE AGENCY'S EXCEPTIONS WERE
 DUE IN THE OFFICE OF THE AUTHORITY NO LATER THAN JANUARY 15, 1981.
 HOWEVER, AS STATED ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE
 AUTHORITY UNTIL JANUARY 21, 1981.  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 AGENCY'S EXCEPTIONS WERE UNTIMELY FILED, AND
 APART FROM OTHER CONSIDERATIONS, THE AGENCY'S APPEAL IS HEREBY
 DISMISSED.
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., APRIL 21, 1981
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR