American Federation of Government Employees, Local 1917, AFL-CIO (Union) and Immigration and Naturalization Service (Activity)
[ v07 p289 ]
07:0289(43)AR
The decision of the Authority follows:
7 FLRA No. 43 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 1917 (Union) and IMMIGRATION AND NATURALIZATION SERVICE (Activity) Case No. O-AR-289 ORDER DISMISSING EXCEPTIONS THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF ARBITRATOR CHARLES T. SCHMIDT, JR., FILED BY THE UNION PURSUANT TO SECTION 7122(A) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C. 7122(A)) AND SECTION 2425.1 OF THE AUTHORITY'S RULES AND REGULATIONS (5 C.F.R. 2425.1(1981)). FOR THE REASONS STATED BELOW, IT HAS BEEN DETERMINED THAT THE UNION'S EXCEPTIONS MUST BE DISMISSED AS UNTIMELY FILED. SECTION 2425.1(B) OF THE AUTHORITY'S REGULATIONS PROVIDES THAT THE TIME LIMIT FOR FILING AN EXCEPTION TO AN ARBITRATION AWARD IS THIRTY DAYS BEGINNING ON AND INCLUDING THE DATE OF THE AWARD. THE ARBITRATOR'S AWARD IN THIS CASE, AS NOTED IN THE UNION'S EXCEPTIONS, IS DATED AUGUST 12, 1981. THEREFORE, UNDER SECTION 2425.1(B) OF THE AUTHORITY'S REGULATIONS, THE EXCEPTIONS WERE DUE IN THE OFFICE OF THE AUTHORITY NO LATER THAN SEPTEMBER 10, 1981. HOWEVER, THE SUBJECT EXCEPTIONS WERE NOT FILED UNTIL SEPTEMBER 29, 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 UNION'S EXCEPTIONS WERE UNTIMELY FILED, AND APART FROM OTHER CONSIDERATIONS, THE EXCEPTIONS ARE HEREBY DISMISSED. FOR THE AUTHORITY. ISSUED, WASHINGTON, D.C., NOVEMBER 30, 1981 JAMES J. SHEPARD, EXECUTIVE DIRECTOR