Bremerton Metal Trades Council, United Association, Local 631 (Union) and Puget Sound Naval Shipyard (Activity)
[ v07 p787 ]
07:0787(133)AR
The decision of the Authority follows:
7 FLRA No. 133
BREMERTON METAL TRADES COUNCIL,
UNITED ASSOCIATION, LOCAL 631
(Union)
and
PUGET SOUND NAVAL SHIPYARD
(Activity)
Case No. O-AR-320
ORDER DISMISSING EXCEPTIONS
THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
ARBITRATOR KENNETH M. MCCAFFREE 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 THE UNION'S
SUBMISSION, IS DATED SEPTEMBER 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 OCTOBER 20, 1981.
HOWEVER, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL
OCTOBER 22, 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., JANUARY 29, 1982
JAMES J. SHEPARD, EXECUTIVE DIRECTOR