American Federation of Government Employees, Social Security Local #1760 (Union) and Social Security Administration, Northeastern Program Service Center, Flushing, New York (Activity)
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03:0629(102)AR
The decision of the Authority follows:
3 FLRA No. 102 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, SOCIAL SECURITY LOCAL #1760 (Union) and SOCIAL SECURITY ADMINISTRATION, NORTHEASTERN PROGRAM SERVICE CENTER, FLUSHING, NEW YORK (Activity) Case No. 0-AR-115 ORDER DISMISSING EXCEPTIONS ON JUNE 24, 1980, LOCAL 1760, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO (THE UNION), FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR JESSE SIMONS 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 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 JUNE 20, 1980. HOWEVER, AS STATED ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL JUNE 24, 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-115, SENT TO THE FOLLOWING: MR. HERBERT COLLENDER PRESIDENT, LOCAL 1760 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO P.O. BOX 626 CORONA-ELMHURST, NEW YORK 11373 MR. JULIAN BERGMAN LABOR RELATIONS SPECIALIST NORTHEASTERN PROGRAM SERVICE CENTER SOCIAL SECURITY ADMINISTRATION 96-05 HORACE HARDING EXPRESSWAY FLUSHING, NEW YORK 11368