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Pittsburgh Energy Technology Center and American Federation of Government Employees, Local 1916



[ 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