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



[ v07 p183 ]
07:0183(25)AR
The decision of the Authority follows:


 7 FLRA No. 25
 
 MARINE CORPS LOGISTICS BASE,
 BARSTOW, CALIFORNIA
 (Activity)
 
 and
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES,
 LOCAL 1482
 (Union)
 
                                            Case No. O-AR-283
 
                        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
 U.S.C. 7122(A)) AND SECTION 2425.1 OF THE AUTHORITY'S RULES AND
 REGULATIONS (5 C.F.R. 2425.1(1981)).  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 A SUPPLEMENTAL
 SUBMISSION TO THE AUTHORITY FROM THE UNION, IS DATED JULY 15, 1981.
 THEREFORE, UNDER SECTION 2425.1(B) OF THE AUTHORITY'S REGULATIONS, THE
 EXCEPTIONS WERE DUE IN THE NATIONAL OFFICE OF THE AUTHORITY NO LATER
 THAN AUGUST 13, 1981.  HOWEVER, THE SUBJECT EXCEPTIONS WERE NOT FILED
 UNTIL AUGUST 18, 1981, ON WHICH DATE THE EXCEPTIONS WERE FILED IN THE
 AUTHORITY'S LOS ANGELES REGIONAL OFFICE.  THE LOS ANGELES REGIONAL
 OFFICE FORWARDED THE EXCEPTIONS TO THE AUTHORITY AND THEY WERE RECEIVED
 IN WASHINGTON, ON SEPTEMBER 11, 1981.  IN THIS REGARD, THE AUTHORITY IS
 NOT EMPOWERED TO EXTEND OR WAIVE THE TIME LIMIT FOR FILING EXCEPTIONS TO
 ARBITRATORS' AWARDS.  /1/
 
    ACCORDINGLY, AS THE UNION'S EXCEPTIONS WERE UNTIMELY FILED, AND APART
 FROM THE OTHER CONSIDERATIONS, THE EXCEPTIONS ARE HEREBY DISMISSED.
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., NOVEMBER 5, 1981.
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR
 
 
 
 
 
 --------------- FOOTNOTES: ---------------
 
 
    /1/ AS NOTED, THE SUBJECT EXCEPTIONS WERE FILED IN THE LOS ANGELES
 REGIONAL OFFICE OF THE AUTHORITY ON AUGUST 18, 1981, THUS NOT MEETING
 THE TIME LIMITS OF SECTION 2425.1 OF THE AUTHORITY'S REGULATIONS.  IN
 ADDITION, IT IS NOTED THAT SECTION 2429.24 OF THE AUTHORITY'S
 REGULATIONS PROVIDES THAT DOCUMENTS FILED WITH THE AUTHORITY SHOULD BE
 FILED IN THE AUTHORITY'S NATIONAL OFFICE IN WASHINGTON.