[ v02 p474 ]
02:0474(66)AR
The decision of the Authority follows:
2 FLRA No. 66 MR. JAMES G. DISKIN PRESIDENT, LOCAL 1916 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO 4800 FORBES AVENUE PITTSBURGH, PENNSYLVANIA 15213 RE: PITTSBURGH ENERGY TECHNOLOGY CENTER AND AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1916, Case No. 0-AR-54 DEAR MR. DISKIN: BY AUTHORITY LETTER OF DECEMBER 14, 1979, YOU WERE ADVISED THAT PRELIMINARY EXAMINATION OF YOUR EXCEPTIONS TO THE ARBITRATOR'S AWARD IN THE ABOVE-ENTITLED CASE DISCLOSED A NUMBER OF APPARENT DEFICIENCIES IN MEETING VARIOUS REQUIREMENTS OF THE APPLICABLE INTERIM RULES OF PROCEDURE (A COPY OF WHICH WAS ENCLOSED FOR YOUR INFORMATION). THE PERTINENT SECTIONS OF THE RULES INCLUDED SECTIONS 2425.1(D); 2429.27(A), (B), AND (C); 2425.2(B), (C), AND (D); AND 2429.25. YOU WERE ALSO ADVISED IN THE AUTHORITY'S LETTER: FURTHER PROCESSING OF YOUR EXCEPTIONS IS CONTINGENT UPON YOUR COMPLIANCE WITH THE ABOVE-DESIGNATED PROVISIONS OF THE AUTHORITY'S RULES. ACCORDINGLY, YOU ARE HEREBY GRANTED UNTIL THE CLOSE OF BUSINESS ON JANUARY 7, 1980, TO TAKE NECESSARY ACTION AND FILE ADDITIONAL MATERIALS (IN THIS CASE, A STATEMENT OF SERVICE OF YOUR EXCEPTIONS ON THE OTHER PARTY TO THE ARBITRATION PROCEEDING, A COPY OF THE ARBITRATOR'S AWARD, ANY FURTHER SUBMISSION YOU WOULD CARE TO MAKE IN VIEW OF THE REQUIREMENTS OF SECTION 2425.2(B) AND (C) OF THE RULES, AND THE REQUIRED ADDITIONAL COPIES OF YOUR EXCEPTIONS) IN COMPLIANCE WITH THOSE REQUIREMENTS. SUCH ADDITIONAL MATERIALS SHOULD BE FILED BY CERTIFIED MAIL OR IN PERSON IN ACCORDANCE WITH SECTION 2429.24(E) OF THE AUTHORITY'S RULES, AND SHOULD BE SUBMITTED TO THE EXECUTIVE DIRECTOR, FEDERAL LABOR RELATIONS AUTHORITY, 1900 E STREET, NW., ROOM 7469, WASHINGTON, D.C. 20424. MOREOVER, IN CONFORMANCE WITH SECTION 2425.1(D) OF THE AUTHORITY'S RULES, YOU MUST SERVE THE OTHER PARTY WITH A COPY OF ANY ADDITIONAL MATERIAL WHICH HAS NOT PREVIOUSLY BEEN SERVED ON THAT PARTY AND WHICH YOU SUBMIT TO THE AUTHORITY IN COMPLETION OF YOUR EXCEPTIONS, AND YOU MUST INCLUDE A STATEMENT OF SUCH SERVICE WITH YOUR ADDITIONAL SUBMISSION TO THE AUTHORITY. FAILURE TO COMPLY WITH THE ABOVE REQUIREMENTS WITHIN THE TIME LIMIT PRESCRIBED MAY RESULT IN DISMISSAL OF YOUR APPEAL. YOU HAVE MADE NO SUBMISSION IN COMPLIANCE WITH THE ABOVE REQUIREMENTS, WITHIN THE TIME LIMIT PROVIDED. IN THIS REGARD, YOUR REQUEST FOR AN EXTENSION OF TIME WITHIN WHICH TO COMPLY WITH THOSE REQUIREMENTS, DATED JANUARY 2, 1980, WAS RECEIVED BY THE AUTHORITY ON JANUARY 7, 1980. HOWEVER, UNDER SECTIONS 2429.21 AND 2429.23(A) OF THE AUTHORITY'S RULES OF PROCEDURE, REQUESTS FOR EXTENSIONS OF TIME LIMIT FOR FILING. HENCE, ANY REQUEST FOR AN EXTENSION OF TIME WITHIN WHICH TO COMPLY WITH THE REQUIREMENTS SPECIFIED IN THE SUBJECT LETTER OF THE AUTHORITY HAD TO HAVE BEEN RECEIVED BY THE AUTHORITY NO LATER THAN THE CLOSE OF BUSINESS ON JANUARY 4, 1980. HOWEVER, AS INDICATED ABOVE, YOUR REQUEST WAS NOT RECEIVED BY THE AUTHORITY UNTIL JANUARY 7, 1980, AND CONSEQUENTLY MUST BE DENIED AS UNTIMELY FILED. ACCORDINGLY, SINCE YOU HAVE MADE NO SUBMISSION IN COMPLIANCE WITH THE REQUIREMENTS SET FORTH IN THE AUTHORITY'S LETTER OF DECEMBER 14, 1979, WITHIN THE APPLICABLE TIME LIMIT, YOUR EXCEPTIONS ARE HEREBY DISMISSED FOR FAILURE TO COMPLY WITH THE AUTHORITY'S RULES OF PROCEDURE. FOR THE AUTHORITY. SINCERELY, SAMUEL A. CHAITOVITZ EXECUTIVE DIRECTOR CC: (W/C AFGE LETTERS OF 11/13/79 AND 1/2/80) F. R. BROWN ENERGY