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U.S. Air Force, San Antonio Air Logistics Center, Kelly Air Force Base, Texas (Activity) and American Federation of Government Employees, Local 1617, AFL-CIO (Union)



[ v05 p578 ]
05:0578(74)AR
The decision of the Authority follows:


 5 FLRA No. 74
 
 U.S. AIR FORCE, SAN ANTONIO
 AIR LOGISTICS CENTER, KELLY
 AIR FORCE BASE, TEXAS
 (Activity)
 
 and
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES,
 AFL-CIO, LOCAL 1617
 (Union )
 
                                            Case No. 0-AR-216
 
                        ORDER DISMISSING EXCEPTIONS
 
    ON APRIL 10, 1981, THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 AFL-CIO, LOCAL 1617 (THE UNION) FILED EXCEPTIONS TO THE AWARD OF
 ARBITRATOR SAMUEL J. NICHOLAS, JR. 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 MARCH 11, 1981.  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 APRIL 9, 1981.  HOWEVER, AS STATED ABOVE,
 THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL APRIL 10,
 1981.  IN THIS REGARD, 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., MAY 4, 1981
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR