[ v03 p627 ]
03:0627(101)AR
The decision of the Authority follows:
3 FLRA No. 101 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL NO. 1122, AFL-CIO (Union) and WESTERN PROGRAM SERVICE CENTER, SOCIAL SECURITY ADMINISTRATION DEPARTMENT OF HEALTH, EDUCATION AND WELFARE (Activity) Case No. 0-AR-112 ORDER DISMISSING EXCEPTIONS ON JUNE 17, 1980, LOCAL 1122, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO (THE UNION), FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR ARMON BARSAMIAN 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 MAY 16, 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 JUNE 16, 1980. HOWEVER, AS STATED ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL JUNE 17, 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., JULY 10, 1980 SAMUEL A. CHAITOVITZ, EXECUTIVE DIRECTOR SERVICE SHEET COPIES OF THE AUTHORITY'S ORDER OF JULY 10, 1980, IN CASE NO. O-AR-112, SENT TO THE FOLLOWING: MR. H. TIM HOFFMAN HOFFMAN & ASSOCIATES TRIBUNE TOWER, FOURTEENTH FLOOR OAKLAND, CALIFORNIA 94612 MR. WILLIAM H. HOLMAN LABOR RELATIONS STAFF SOCIAL SECURITY ADMINISTRATION ROOM 1220, WEST HIGH RISE BUILDING 6401 SECURITY BOULEVARD BALTIMORE, MARYLAND 21235