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Marine Corps Logistics Base, Barstow, California (Activity) and American Federation of Government Employees, Local 1482, AFL-CIO (Union)



[ v06 p706 ]
06:0706(123)AR
The decision of the Authority follows:


 6 FLRA No. 123
 
 MARINE CORPS LOGISTICS
 BASE, BARSTOW, CALIFORNIA
 (Activity)
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO,
 LOCAL 1482
 (Union)
 
                                            Case No. O-AR-274
 
                        ORDER DISMISSING EXCEPTIONS
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR JOSEPH F. GENTILE FILED BY THE UNION PURSUANT TO SECTION
 7122(A) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS, STATUTE (5
 C.F.R. 7122(A)) AND SECTION 2425.1 OF THE AUTHORITY'S RULES AND
 REGULATIONS (5 C.F.R. 2425.1).  FOR THE REASONS STATED BELOW, IT HAS
 BEEN DETERMINED THAT THE UNION'S EXCEPTIONS MUST BE DISMISSED AS
 UNTIMELY FILED.
 
    SECTION 2425.1(B) OF THE AUTHORITY'S REGULATIONS, IMPLEMENTING
 SECTION 7122(B) OF THE STATUTE, PROVIDES THAT THE TIME LIMIT FOR FILING
 AN EXCEPTION TO AN ARBITRATION AWARD IS THIRTY DAYS BEGINNING ON AND
 INCLUDING THE DATE OF THE AWARD.  ADDITIONALLY, UNDER SECTIONS 2429.21
 AND 2429.24(B) AND APPENDIX A OF THE REGULATIONS, ANY SUCH EXCEPTION
 MUST BE FILED WITH THE NATIONAL OFFICE OF THE AUTHORITY IN WASHINGTON,
 D.C. AND RECEIVED IN THAT OFFICE BEFORE THE CLOSE OF BUSINESS ON THE
 LAST DAY OF THE PRESCRIBED TIME LIMIT.
 
    THE ARBITRATOR'S AWARD IN THIS CASE, AS INCLUDED WITH THE UNION'S
 SUBMISSION, IS DATED JULY 15, 1981.  THEREFORE, UNDER THE ABOVE-CITED
 PROVISIONS OF THE AUTHORITY'S REGULATIONS, THE UNION'S EXCEPTIONS WERE
 DUE IN THE NATIONAL OFFICE OF THE AUTHORITY, IN WASHINGTON, D.C., BEFORE
 THE CLOSE OF BUSINESS ON AUGUST 13, 1981.  HOWEVER, THE UNION'S
 EXCEPTIONS, INITIALLY MISFILED WITH THE AUTHORITY'S LOS ANGELES REGIONAL
 OFFICE ON AUGUST 18, 1981, WERE NOT PROPERLY FILED IN THE NATIONAL
 OFFICE UNTIL AUGUST 24, 1981.  THUS, WITHOUT PASSING UPON WHETHER A
 WAIVER OF THE REQUIREMENT FOR FILING IN THE NATIONAL OFFICE MIGHT BE
 WARRANTED IN THE CIRCUMSTANCES OF THIS CASE, IT IS CLEAR THAT THE
 UNION'S EXCEPTIONS WERE NOT TIMELY FILED BY AUGUST 13, 1981, AS
 REQUIRED.  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., SEPTEMBER 29, 1981
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR