[ v03 p468 ]
03:0468(70)AR
The decision of the Authority follows:
3 FLRA No. 70 OFFICE OF HEARINGS AND APPEALS, SOCIAL SECURITY ADMINISTRATION, HEW (Activity) and LOCAL 3615, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES (Union) Case No. 0-AR-94 ORDER DISMISSING EXCEPTIONS ON MAY 9, 1980, LOCAL 3615, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO (THE UNION), FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR ABRAHAM WEISS IN THE INSTANT CASE WITH THE AUTHORITY PURSUANT TO SECTION 2425.1 OF THE AUTHORITY'S REGULATIONS (5 C.F.R. 2425.1(1980)). FOR THE REASONS INDICATED BELOW, IT HAS BEEN DETERMINED THAT THE SUBJECT EXCEPTIONS WERE UNTIMELY FILED AND CANNOT BE ACCEPTED FOR REVIEW. SECTION 2425.1(B) OF THE AUTHORITY'S REGULATIONS (5 C.F.R. 2425.1(B)(1980)) PROVIDES: 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 THE UNION'S SUBMISSION, IS DATED APRIL 9, 1980. THEREFORE, UNDER SECTION 2425.1(B) OF THE AUTHORITY'S REGULATIONS, THE UNION'S EXCEPTIONS WERE DUE IN THE OFFICE OF THE AUTHORITY NO LATER THAN MAY 8, 1980. HOWEVER, AS STATED ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL MAY 9, 1980. IN THIS REGARD, THE AUTHORITY IS NOT EMPOWERED TO EXTEND OR WAIVE THE TIME LIMIT 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., JUNE 25, 1980 SAMUEL A. CHAITOVITZ, EXECUTIVE DIRECTOR SERVICE SHEET COPIES OF THE AUTHORITY'S ORDER DATED JUNE 25, 1980, IN CASE NO. O-AR-94, SENT TO THE FOLLOWING: MR. BRUCE C. RANSOM, JR. PRESIDENT, LOCAL 3615 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO P.O. BOX 147 ARLINGTON, VIRGINIA 22210 MR. ALBERT K. BUHL LABOR RELATIONS OFFICER OFFICE OF HEARINGS AND APPEALS SOCIAL SECURITY ADMINISTRATION P.O. BOX 2518 WASHINGTON, D.C. 20013