09:1070(151)AR - Navy Public Works Center and IAM -- 1982 FLRAdec AR

 9 FLRA No. 151
 
 NAVY PUBLIC WORKS CENTER
 (Activity)
 
 and
 
 INTERNATIONAL ASSOCIATION OF MACHINISTS
 AND AEROSPACE WORKERS, LOCAL LODGE 192
 (Union)
 
                                            Case No. O-AR-252
 
                        ORDER DISMISSING EXCEPTIONS
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR MITCHELL M. SHIPMAN 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 20, 1981.  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 18, 1981.  HOWEVER
 THE UNION'S EXCEPTIONS, POSTMARKED JUNE 18, 1981, WERE NOT FILED WITH
 THE AUTHORITY UNTIL JUNE 22, 1981.  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., AUGUST 27, 1982
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR