[ v05 p594 ]
05:0594(77)AR
The decision of the Authority follows:
5 FLRA No. 77 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL NO. 2498 (Union) and NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, JFK SPACE CENTER, FLORIDA (Activity) Case No. 0-AR-200 ORDER DISMISSING EXCEPTIONS ON MARCH 5, 1981, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 2498 (THE UNION) FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR SHERMAN DALLAS 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 DATE OF THE SUBJECT ARBITRATION AWARD, AS INCLUDED IN THE UNION'S SUBMISSION, APPEARS TO BE 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., MAY 5, 1981 JAMES J. SHEPARD, EXECUTIVE DIRECTOR