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Veterans Administration Medical Center, Phoenix, Arizona (Activity) and American Federation of Government Employees, Local 2382, AFL-CIO (Union) 



[ v06 p17 ]
06:0017(8)AR
The decision of the Authority follows:


 6 FLRA No. 8
 
 VETERANS ADMINISTRATION
 MEDICAL CENTER
 PHOENIX, ARIZONA
 (Activity)
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES (AFL-CIO), LOCAL 2382
 (Union)
 
                                            Case No. O-AR-228
 
                        ORDER DISMISSING EXCEPTIONS
 
    ON MAY 8, 1981, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES (THE
 UNION) FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR DONALD DAUGHTON 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 APRIL 8, 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 MAY 7, 1981.  HOWEVER, AS STATED ABOVE,
 THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL MAY 8,
 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., JUNE 3, 1981
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR