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Naval Air Rework Facility, Norfolk, Virginia (Activity) and International Federation of Professional and Technical Engineers (Union)



[ v08 p391 ]
08:0391(79)AR
The decision of the Authority follows:


 8 FLRA No. 79
 
 NAVAL AIR REWORK FACILITY,
 NORFOLK, VIRGINIA
 (Activity)
 
 and
 
 INTERNATIONAL FEDERATION OF
 PROFESSIONAL AND TECHNICAL ENGINEERS
 (Union)
 
                                            Case No. O-AR-351
 
                        ORDER DISMISSING EXCEPTIONS
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR PAUL J. FASSER, JR. 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 7122(B) OF THE STATUTE AND SECTION 2425.1(B) OF THE
 AUTHORITY'S REGULATIONS PROVIDE 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 24.2924(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 IN THE UNION'S
 SUBMISSION, IS DATED NOVEMBER 30, 1981.  THEREFORE, UNDER THE
 ABOVE-CITED PROVISIONS OF THE STATUTE AND 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 DECEMBER 29, 1981.
 HOWEVER, THE UNION'S EXCEPTIONS, DATED DECEMBER 29, 1981, AND POSTMARKED
 JANUARY 1, 1982, WERE NOT PROPERLY FILED IN THE NATIONAL OFFICE UNTIL
 FEBRUARY 18, 1982.  IN THAT REGARD, THE UNION'S EXCEPTIONS WERE
 INITIALLY INCORRECTLY ADDRESSED TO THE AUTHORITY'S WASHINGTON REGIONAL
 OFFICE AND THEN SUBSEQUENTLY ERRONEOUSLY SENT TO THE ATLANTA REGIONAL
 OFFICE.  IN ANY EVENT, WITHOUT PASSING UPON WHETHER A WAIVER OF THE
 REQUIREMENT FOR FILING IN THE NATIONAL OFFICE MIGHT BE WARRANTED, IT IS
 CLEAR THAT THE UNION'S EXCEPTIONS WERE NOT TIMELY FILED BY DECEMBER 29,
 1982, AS REQUIRED.  IN THIS LATTER REGARD, THE AUTHORITY IS NOT
 EMPOWERED TO EXTEND OR WAIVE THE TIME LIMITS FOR FILING EXCEPTIONS TO
 ARBITRATOR'S 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., APRIL 15. 1982
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR