[ v05 p553 ]
05:0553(69)AR
The decision of the Authority follows:
5 FLRA No. 69 HAWAII FEDERAL EMPLOYEES METAL TRADES COUNCIL, AFL-CIO (Union) and PEARL HARBOR NAVAL SHIPYARD (Activity) Case No. 0-AR-189 ORDER DISMISSING EXCEPTIONS ON JANUARY 22, 1981, THE REPRESENTATIVE OF THE HAWAII FEDERAL EMPLOYEES METAL TRADES COUNCIL (THE UNION) FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR THOMAS Q. GILSON 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 DECEMBER 20, 1980. THEREFORE, UNDER SECTIONS 2425.1(B) AND 2429.21 OF THE AUTHORITY'S REGULATIONS, THE UNION'S EXCEPTIONS WERE DUE IN THE OFFICE OF THE AUTHORITY NO LATER THAN JANUARY 19, 1981. HOWEVER, AS STATED ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL JANUARY 22, 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., APRIL 29, 1981 JAMES J. SHEPARD, EXECUTIVE DIRECTOR