[ v03 p472 ]
03:0472(72)AR
The decision of the Authority follows:
3 FLRA No. 72 DEPARTMENT OF THE NAVY, CONSOLIDATED CIVILIAN PERSONNEL OFFICE, NAVAL BASE POLICE, PEARL HARBOR (Activity) and LOCAL R-12-195, INTERNATIONAL BROTHERHOOD OF POLICE OFFICERS/ NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES (Union) Case No. 0-AR-90 ORDER DISMISSING EXCEPTIONS ON APRIL 25, 1980, LOCAL R-12-195, INTERNATIONAL BROTHERHOOD OF POLICE OFFICERS/NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES (THE UNION), FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR RONALD C. BROWN 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 MARCH 25, 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 APRIL 23, 1980. HOWEVER, AS STATED ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL APRIL 25, 1980. IN THIS REGARD, THE AUTHORITY IS NOT EMPOWERED TO EXTEND OR WAIVE THE TIME LIMIT FOR FILING EXCEPTIONS TO ARBITRATORS' 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 OF JUNE 25, 1980, IN CASE NO. SENT TO THE FOLLOWING: MR. ELBRIDGE W. SMITH SHIRLEY & JORDAN ATTORNEYS AT LAW P.O. BOX 2660 HONOLULU, HAWAII 96803 MR. EARL N. AOKI DEPARTMENT OF THE NAVY CONSOLIDATED CIVILIAN PERSONNEL OFFICE, PEARL HARBOR 4300 RADFORD DRIVE HONOLULU, HAWAII 96818