United States Navy and Supervisor of Ship Building, Newport News, Virginia (Activity) and National Association of Government Employees, Local R4- 2 (Union)
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07:0311(48)AR
The decision of the Authority follows:
7 FLRA No. 48
UNITED STATES NAVY
AND SUPERVISOR OF SHIP BUILDING,
NEWPORT NEWS, VIRGINIA
(Activity)
and
NATIONAL ASSOCIATION
OF GOVERNMENT EMPLOYEES,
LOCAL R4-2
(Union)
Case No. O-AR-284
ORDER DISMISSING EXCEPTIONS
THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
ARBITRATOR ROY D. CROMWELL 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. SEC. 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 THE UNION'S
SUBMISSION, IS DATED JULY 21, 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 19, 1981. HOWEVER, THE
SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL AUGUST 20,
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 EXCEPTIONS ARE HEREBY DISMISSED.
FOR THE AUTHORITY.
ISSUED, WASHINGTON, D.C., DECEMBER 8, 1981
JAMES J. SHEPARD, EXECUTIVE DIRECTOR