FLRA.gov

U.S. Federal Labor Relations Authority

Search form

American Federation of Government Employees, Local 3369, AFL-CIO, Regional Council (Union) and New York Region, Field Operations, Social Security Administration (Activity)  



[ v07 p8 ]
07:0008(2)AR
The decision of the Authority follows:


 7 FLRA No. 2
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 3369,
 REGIONAL COUNCIL
 (Union)
 
 and
 
 NEW YORK REGION, FIELD OPERATIONS,
 SOCIAL SECURITY ADMINISTRATION
 (Activity)
 
                                            Case No. O-AR-288
 
                        ORDER DISMISSING EXCEPTIONS
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR WILLIAM W. WAITE FILED BY THE UNION PURSUANT TO SECTION
 7122(A) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5
 U.S.C. SEC. 7122(A)) AND SECTION 2425.1 OF THE AUTHORITY'S RULES AND
 REGULATIONS (5 C.F.R. 2425.1).  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 EXCEPTIONS TO AN ARBITRATION 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 AUGUST 25, 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 SEPTEMBER 23, 1981.
 HOWEVER, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL
 SEPTEMBER 24, 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 EXCEPTIONS ARE HEREBY DISMISSED.
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., OCTOBER 8, 1981.
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR