[ v08 p206 ]
08:0206(42)AR
The decision of the Authority follows:
8 FLRA No. 42 U.S. ARMY ARMAMENT RESEARCH AND DEVELOPMENT COMMAND (AARADCOM), DOVER, NEW JERSEY (Activity) and NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 1437 (Union) Case No. 0-AR-341 ORDER DISMISSING EXCEPTIONS THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF ARBITRATOR STEPHEN BARASCH 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 CFR 2425.1(1981)). FOR THE REASONS STATED BELOW, IT HAS BEEN DETERMINED THAT THE UNION'S EXCEPTIONS MUST BE DISMISSED AS UNTIMELY FILED. SECTION 7122(B) OF THE STATUTE AND SECTION 2425.1(B) OF THE AUTHORITY'S REGULATIONS PROVIDES THAT THE TIME LIMIT FOR FILING AN EXCEPTION TO AN ARBITRATOR'S AWARD IS THIRTY DAYS BEGINNING ON AND INCLUDING THE DATE OF THE AWARD. THE ARBITRATOR'S AWARD IN THIS CASE, AS INCLUDED IN THE UNION'S SUBMISSION, IS DATED DECEMBER 14, 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 JANUARY 12, 1982. HOWEVER, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL JANUARY 28, 1982. 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., MARCH 11, 1982 JAMES J. SHEPARD, EXECUTIVE DIRECTOR