[ v02 p402 ]
02:0402(53)AR
The decision of the Authority follows:
2 FLRA No. 53 MR. WILLIAM K. HOLT REPRESENTATIVE BREMERTON METAL TRADES COUNCIL P.O. BOX 488 BREMERTON, WASHINGTON 98310 RE: BREMERTON METAL TRADES COUNCIL AND PUGET SOUND NAVAL SHIPYARD (MCCAFFREE, ARBITRATOR), Case No. 0-AR-61 DEAR MR. HOLT: THIS REFERS TO YOUR EXCEPTIONS TO THE ARBITRATOR'S AWARD IN THE ABOVE-ENTITLED CASE, FILED WITH THE AUTHORITY ON DECEMBER 12, 1979. FOR THE REASONS INDICATED BELOW, IT HAS BEEN DETERMINED THAT YOUR EXCEPTIONS WERE UNTIMELY FILED AND CANNOT BE ACCEPTED FOR REVIEW. SECTION 2425.1(B) OF THE REGULATIONS OF THE FEDERAL LABOR RELATIONS AUTHORITY (COPY ENCLOSED) PROVIDES: (B) THE TIME LIMIT FOR FILING AN EXCEPTION TO AN ARBITRATION AWARD IS THIRTY (30) DAYS BEGINNING ON THE DATE OF THE AWARD. THE SUBJECT ARBITRATION AWARD, AS INCLUDED IN YOUR SUBMISSION, IS DATED SEPTEMBER 28, 1979. THEREFORE, UNDER SECTION 2425.1(B) OF THE AUTHORITY'S REGULATIONS, YOUR EXCEPTIONS WERE DUE IN THE OFFICE OF THE AUTHORITY NO LATER THAN OCTOBER 29, 1979. /1/ HOWEVER, AS STATED ABOVE, YOUR EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL DECEMBER 12, 1979. IN THIS REGARD, THE AUTHORITY IS NOT EMPOWERED TO EXTEND OR WAIVE THE TIME LIMIT FOR FILING EXCEPTIONS TO ARBITRATORS' AWARDS. ACCORDINGLY, AS YOUR EXCEPTIONS WERE UNTIMELY FILED, AND APART FROM OTHER CONSIDERATIONS, YOUR APPEAL IS HEREBY DISMISSED. FOR THE AUTHORITY. SINCERELY, SAMUEL A. CHAITOVITZ EXECUTIVE DIRECTOR ENCLOSURE CC: D.B. FRANEY NAVY /1/ IN THIS REGARD, YOU STATE IN YOUR EXCEPTIONS THAT THE UNION DID NOT RECEIVE A COPY OF THE ARBITRATOR'S AWARD UNTIL OCTOBER 25, 1979. EVEN WERE THE 30-DAY PERIOD FOR FILING EXCEPTIONS IN THESE CIRCUMSTANCES TO BEGIN ON THE DATE OF RECEIPT BY THE UNION OF A COPY OF THE ARBITRATOR'S AWARD, AN ISSUE AS TO WHICH WE EXPRESS NO OPINION, THOSE EXCEPTIONS WOULD HAVE BEEN DUE IN THE OFFICE OF THE AUTHORITY NO LATER THAN NOVEMBER 23, 1979.