[ v03 p477 ]
03:0477(74)AR
The decision of the Authority follows:
3 FLRA No. 74 OGDEN AIR LOGISTICS CENTER, HILL AIR FORCE BASE, UTAH (Activity) and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1592 (Union) Case No. 0-AR-99 ORDER DISMISSING EXCEPTIONS ON MAY 15, 1980, LOCAL 1592, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO (THE UNION), FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR HUGH G. LOVELL 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 15, 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 14, 1980. HOWEVER, AS STATED ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL MAY 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 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-99, SENT TO THE FOLLOWING: MR. JOSEPH ERVIN LABOR RELATIONS SPECIALIST CONTRACT AND APPEALS DIVISION AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO 1325 MASSACHUSETTS AVENUE, N.W. WASHINGTON, D.C. 20005 MR. DON. A. DRESSER, CHIEF LABOR RELATIONS DIVISION DIRECTORATE OF CIVILIAN PERSONNEL DEPARTMENT OF THE AIR FORCE WASHINGTON, .D.C. 20330