Headquarters, 323rd Flying Training Wing, Mather Air Force Base, California (Activity) and American Federation of Government Employees, Local 1692 (Union)
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03:0475(73)AR
The decision of the Authority follows:
3 FLRA No. 73 HEADQUARTERS, 323RD FLYING TRAINING WING, MATHER AIR FORCE BASE, CALIFORNIA (Activity) and LOCAL 1692, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES (Union) Case No. 0-AR-102 ORDER DISMISSING EXCEPTIONS ON MAY 27, 1980, LOCAL 1692, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO (THE UNION), FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR CORNELIUS J. PECK 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 22, 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 21, 1980. HOWEVER, AS STATED ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITHIN THE AUTHORITY UNTIL MAY 27, 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 26, 1980 SAMUEL A. CHAITOVITZ, EXECUTIVE DIRECTOR SERVICE SHEET COPIES OF THE AUTHORITY'S ORDER DATED JUNE 26, 1980, IN CASE NO. O-AR-102, SENT TO THE FOLLOWING: MR. HOWARD E. BERRYMAN PRESIDENT, LOCAL 1692 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO MATHER AIR FORCE BASE, CALIFORNIA 95655 MR. JAMES E. GREENE HEADQUARTERS, 323RD FLYING TRAINING WING MATHER AIR FORCE BASE, CALIFORNIA 95655