[ v05 p39 ]
05:0039(6)AR
The decision of the Authority follows:
5 FLRA No. 6 UNITED STATES MILITARY TRAFFIC MANAGEMENT COMMAND, EASTERN AREA, BAYONNE, NEW JERSEY (Activity) and LOCAL 2855, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, (Union) Case No. 0-AR-166 ORDER DISMISSING EXCEPTIONS ON NOVEMBER 17, 1980, LOCAL 2855, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, (THE UNION) FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR CLARA H. FRIEDMAN 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 OCTOBER 14, 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 NOVEMBER 12, 1980. HOWEVER, AS STATED ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL NOVEMBER 17, 1980. IN THIS REGARD, THE AUTHORITY IS NOT EMPOWERED TO EXTEND OR WAIVE THE TIME LIMIT FOR FILING EXCEPTIONS TO ARBITRATOR'S 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., JANUARY 30, 1981 JAMES J. SHEPARD, EXECUTIVE DIRECTOR CERTIFICATE OF SERVICE COPIES OF THE AUTHORITY'S ORDER IN THE INSTANT CASE MAILED UPON ISSUANCE TO THE FOLLOWING: MR. JOHN J. BIANCHI PRESIDENT, LOCAL 2855 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO MILITARY OCEAN TERMINAL BAYONNE, NEW JERSEY 07002 MR. ALBERT J. ROGERS (W/C OF SUBJECT EXCEPTIONS) CIVILIAN PERSONNEL OFFICER UNITED STATES MILITARY TRAFFIC MANAGEMENT COMMAND EASTERN AREA BAYONNE, NEW JERSEY 07002