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American Federation of Government Employees, Local 1897, AFL-CIO (Union) and Commander, Eglin Air Force Base, Florida (Activity)



[ v06 p149 ]
06:0149(29)AR
The decision of the Authority follows:


 6 FLRA No. 29
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES,
 LOCAL 1897, AFL-CIO
 (Union)
 
 and
 
 COMMANDER,
 EGLIN AIR FORCE BASE,
 FLORIDA
 (Activity)
 
                                            Case No. O-AR-243
 
                        ORDER DISMISSING EXCEPTIONS
 
    ON JUNE 2, 1981, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL
 1897, AFL-CIO (THE UNION) FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR
 JAMES E. FOLEY 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 MAY 1, 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 JUNE 1, 1981.  HOWEVER, AS STATED ABOVE,
 THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL JUNE 2,
 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 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 23, 1981
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR