[ v05 p541 ]
05:0541(65)AR
The decision of the Authority follows:
5 FLRA No. 65 INTERNAL REVENUE SERVICE, PITTSBURGH DISTRICT (Activity) and NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 71 (Union) Case No. 0-AR-188 ORDER DISMISSING EXCEPTIONS ON JANUARY 21, 1981, THE INTERNAL REVENUE SERVICE (THE AGENCY) FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR HERBERT FISHGOLD 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 AGENCY'S SUBMISSION, IS DATED DECEMBER 17, 1980. THEREFORE, UNDER SECTION 2425.1(B) OF THE AUTHORITY'S REGULATIONS, THE AGENCY'S EXCEPTIONS WERE DUE IN THE OFFICE OF THE AUTHORITY NO LATER THAN JANUARY 15, 1981. HOWEVER, AS STATED ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL JANUARY 21, 1981. 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 AGENCY'S EXCEPTIONS WERE UNTIMELY FILED, AND APART FROM OTHER CONSIDERATIONS, THE AGENCY'S APPEAL IS HEREBY DISMISSED. FOR THE AUTHORITY. ISSUED, WASHINGTON, D.C., APRIL 21, 1981 JAMES J. SHEPARD, EXECUTIVE DIRECTOR