[ v05 p94 ]
05:0094(17)AR
The decision of the Authority follows:
5 FLRA No. 17 VETERANS ADMINISTRATION MEDICAL CENTER, HOUSTON, TEXAS (Activity) and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1633 (Union) Case No. 0-AR-168 ORDER DISMISSING EXCEPTIONS ON NOVEMBER 21, 1980, LOCAL 1633, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO (THE UNION) FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR ERNEST E. MARLATT 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 7, 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 5, 1980. HOWEVER, AS STATED ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL NOVEMBER 21, 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., FEBRUARY 10, 1981 JAMES J. SHEPARD, EXECUTIVE DIRECTOR