09:0323(38)AR - Office of Program Operations, Field Operations, SSA San Francisco Region and Council of District Office Locals, AFGE -- 1982 FLRAdec AR

 9 FLRA No. 38
 
 OFFICE OF PROGRAM OPERATIONS, FIELD
 OPERATIONS, SOCIAL SECURITY ADMINISTRATION,
 SAN FRANCISCO REGION
 (Activity)
 
 and
 
 COUNCIL OF DISTRICT OFFICE LOCALS,
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO
 (Union)
 
                                            Case No. 0-AR-400
 
                        ORDER DISMISSING EXCEPTIONS
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR KEITH R. BLUNT FILED BY THE UNION PURSUANT TO SECTION 7122(A)
 OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE AND SECTION
 2425.1 OF THE AUTHORITY'S RULES AND REGULATIONS.  FOR THE REASONS STATED
 BELOW, THE UNION'S EXCEPTIONS MUST BE DISMISSED AS UNTIMELY.
 
    UNDER SECTION 7122(B) OF THE STATUTE AND SECTION 2425.1(B) OF THE
 AUTHORITY'S RULES AND REGULATIONS, THE TIME LIMIT FOR FILING AN
 EXCEPTION TO AN ARBITRATION AWARD IS THIRTY DAYS BEGINNING ON AND
 INCLUDING THE DATE ON THE AWARD.  ADDITIONALLY, UNDER SECTION 2429.21 OF
 THE RULES AND REGULATIONS, WHENEVER THE REGULATIONS REQUIRE THE FILING
 OF A DOCUMENT, SUCH DOCUMENT MUST BE RECEIVED BY THE AUTHORITY BEFORE
 THE CLOSE OF BUSINESS ON THE LAST DAY OF THE TIME LIMIT.
 
    THE ARBITRATOR'S AWARD IN THIS CASE, AS INCLUDED IN THE UNION'S
 SUBMISSION, IS DATED MAY 7, 1982.  THEREFORE, UNDER THE ABOVE-CITED
 PROVISIONS, THE UNION'S EXCEPTIONS WERE DUE IN THE NATIONAL OFFICE OF
 THE AUTHORITY BEFORE THE CLOSE OF BUSINESS ON JUNE 7, 1982.  HOWEVER,
 THE UNION'S EXCEPTIONS, POSTMARKED JUNE 9, 1982, WERE NOT FILED WITH THE
 AUTHORITY UNTIL JUNE 10, 1982.  IN THAT REGARD, THE AUTHORITY IS NOT
 EMPOWERED TO WAIVE OR EXTEND THE TIME LIMIT FOR FILING EXCEPTIONS TO
 ARBITRATION AWARDS.
 
    ACCORDINGLY, AS THE UNION'S EXCEPTIONS WERE UNTIMELY FILED, THE
 EXCEPTIONS ARE HEREBY DISMISSED.
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., JUNE 30, 1982
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR