[ v03 p34 ]
03:0034(5)AR
The decision of the Authority follows:
3 FLRA No. 5 Mr. Ronald D. King, Director Contract and Appeals Division American Federation of Government Employees, Afl-cio 1325 Massachusetts Avenue, NW. Washington, D.C. 20005 Re: Immigration And Naturalization Service, Department of Justice U.S. Government And American Federation of Government Employees, Local No. 1656 (Marlatt, Arbitrator), Case No. 0-AR-81 DEAR MR. KING: THIS REFERS TO YOUR EXCEPTIONS TO THE ARBITRATOR'S AWARD IN THE ABOVE-ENTITLED CASE, DATED MARCH 6, 1980, AND FILED WITH THE AUTHORITY ON MARCH 12, 1980. FOR THE REASONS INDICATED BELOW, IT HAS BEEN DETERMINED THAT YOUR EXCEPTIONS WERE UNTIMELY FILED AND CANNOT BE ACCEPTED FOR REVIEW. SECTION 2425.1(B) OF THE AUTHORITY'S REGULATIONS (COPY ENCLOSED) PROVIDES: (B) THE TIME LIMIT FOR FILING AN EXCEPTION TO AN ARBITRATION AWARD IS THIRTY (30) DAYS BEGINNING ON THE DATE OF THE AWARD. THE SUBJECT ARBITRATION AWARD, AS INCLUDED IN YOUR SUBMISSION, IS DATED FEBRUARY 11, 1980. THEREFORE, UNDER SECTION 2425.1(B) OF THE AUTHORITY'S REGULATIONS, YOUR EXCEPTIONS WERE DUE IN THE OFFICE OF THE AUTHORITY NO LATER THAN MARCH 11, 1980. HOWEVER, AS STATED ABOVE, YOUR EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL MARCH 12, 1980. IN THIS REGARD, THE AUTHORITY IS NOT EMPOWERED TO EXTEND OR WAIVE THE TIME LIMIT FOR FILING EXCEPTIONS TO ARBITRATORS' AWARDS. ACCORDINGLY, AS YOUR EXCEPTIONS WERE UNTIMELY FILED, AND APART FROM OTHER CONSIDERATIONS, YOUR APPEAL IS HEREBY DISMISSED. FOR THE AUTHORITY. SINCERELY, SAMUEL A. CHAITOVITZ EXECUTIVE DIRECTOR ENCLOSURE CC: A. E. ROSS JUSTICE