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