[ v02 p701 ]
02:0701(89)AR
The decision of the Authority follows:
2 FLRA No. 89 LIEUTENANT COLONEL JOHN T. SPRUIELL LABOR RELATIONS SPECIALIST STATE OF NEW JERSEY DEPARTMENT OF DEFENSE EGGERT CROSSING ROAD, BOX 979 TRENTON, NEW JERSEY 08625 RE: NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, LOCAL R2-100 AND STATE OF NEW JERSEY, DEPARTMENT OF DEFENSE (KRAMER, ARBITRATOR), Case No. 0-AR-70 DEAR COLONEL SPRUIELL: THIS REFERS TO YOUR EXCEPTIONS TO THE ARBITRATOR'S AWARD IN THE ABOVE-ENTITLED CASE, DATED JANUARY 10, 1980, AND FILED WITH THE AUTHORITY ON JANUARY 15, 1980. 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 AUTHORITY'S REGULATIONS (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 DECEMBER 7, 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 JANUARY 7, 1980. HOWEVER, AS STATED ABOVE, YOUR EXCEPTIONS, DATED JANUARY 10, 1980, WERE NOT FILED WITH THE AUTHORITY UNTIL JANUARY 15, 1980. 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. W. DOWNES NAGE