[ v02 p38 ]
02:0038(5)AR
The decision of the Authority follows:
2 FLRA No. 5 MS. GEORGIA E. RAYMAN 707 NORTH CALVERT STREET BALTIMORE, MARYLAND 21202 RE: SOCIAL SECURITY ADMINISTRATION, HEADQUARTERS BUREAUS AND OFFICES IN BALTIMORE AND SSA LOCAL 1923, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO (ABLES, ARBITRATOR), Case No. 0-AR-48 DEAR MS. RAYMAN: THIS REFERS TO YOUR EXCEPTIONS TO THE ARBITRATOR'S AWARD IN THE ABOVE-ENTITLED CASE, FILED WITH THE AUTHORITY ON OCTOBER 5, 1979. SECTION 2425.1(A) OF THE AUTHORITY'S RULES OF PROCEDURE (44 F.R. 44740 ET SEQ., COPY ENCLOSED) PROVIDES, "EITHER PARTY TO ARBITRATION UNDER THE PROVISIONS OF CHAPTER 71 OF TITLE 5 OF THE UNITED STATES CODE MAY FILE AN EXCEPTION TO AN ARBITRATOR'S AWARD RENDERED PURSUANT TO THE ARBITRATION." IN THIS CASE, THE ARBITRATOR'S OPINION AND AWARD CLEARLY INDICATE THAT TWO PARTIES (THE UNION AND THE AGENCY) PARTICIPATED IN THE ARBITRATION PROCEEDING. THUS, IT DOES NOT APPEAR FROM THE ARBITRATOR'S OPINION AND AWARD THAT YOU, ONE OF THE GRIEVANTS, PARTICIPATED AS A "PARTY" IN THE PROCEEDING BEFORE THE ARBITRATOR. CONSEQUENTLY, YOU ARE NOT ENTITLED TO FILE AN EXCEPTION UNDER SECTION 2425.1(A) OF THE AUTHORITY'S RULES. ACCORDINGLY, AND APART FROM OTHER CONSIDERATIONS, /1/ YOUR EXCEPTIONS TO THE ARBITRATOR'S AWARD IN THE ABOVE-ENTITLED CASE ARE HEREBY DISMISSED. FOR THE AUTHORITY SINCERELY, HAROLD D. KESSLER EXECUTIVE DIRECTOR CC: (W/C OF EXCEPTIONS) R. A. MATTHEWS SSA /1/ IN THIS REGARD, SECTION 2425.1(B) OF THE AUTHORITY'S RULES OF PROCEDURE SPECIFY THAT THE TIME LIMIT FOR FILING AN EXCEPTION TO AN ARBITRATOR'S AWARD IS 30 DAYS BEGINNING ON THE DATE OF THE AWARD. THE SUBJECT AWARD IS DATED JUNE 26, 1979; ANY EXCEPTIONS TO THAT AWARD WERE DUE IN THE OFFICE OF THE AUTHORITY NO LATER THAN THE CLOSE OF BUSINESS ON JULY 26, 1979; AND, AS INDICATED ABOVE, YOUR EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL OCTOBER 5, 1979. THUS, THOSE EXCEPTIONS APPEAR TO HAVE BEEN UNTIMELY FILED.