Pacific Missile Test Center, Point Mugu, California (Activity) and Point Mugu Council of NAGE-NFFE (Union)

 6 FLRA No. 124
 
 PACIFIC MISSILE TEST CENTER,
 POINT MUGU, CALIFORNIA
 (Activity)
 
 and
 
 POINT MUGU COUNCIL
 OF NAGE-NFFE
 (Union)
 
                                            Case No. O-AR-278
 
                        ORDER DISMISSING EXCEPTIONS
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR WILLIAM RULE FILED BY THE UNION PURSUANT TO SECTION 7122(A)
 OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C.
 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 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.
 
    THE ARBITRATOR'S AWARD IN THIS CASE, AS INCLUDED IN THE UNION'S
 SUBMISSION, IS DATED JULY 30, 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 AUGUST 28, 1981.  HOWEVER, THE
 SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL AUGUST 31,
 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 EXCEPTIONS ARE HEREBY DISMISSED.
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., SEPTEMBER 29, 1981
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR