[ v05 p451 ]
05:0451(56)AR
The decision of the Authority follows:
5 FLRA No. 56 DEPARTMENT OF THE AIR FORCE, KEESLER TECHNICAL TRAINING CENTER (ATC), KEESLER AIR FORCE BASE, MISSISSIPPI (Activity) and NATIONAL FEDERATION OF FEDERAL EMPLOYEES (Union) Case No. 0-AR-199 ORDER DISMISSING EXCEPTIONS ON MARCH 5, 1981, THE NATIONAL FEDERATION OF FEDERAL EMPLOYEES (THE UNION) FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR LEONARD OPPENHEIM 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 FEBRUARY 2, 1981. 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 MARCH 3, 1981. HOWEVER, AS STATED ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL MARCH 5, 1981. 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., MARCH 30, 1981 JAMES J. SHEPARD, EXECUTIVE DIRECTOR