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Immigration and Naturalization Service, Department of Justice, U.S. Government and American Federation of Government Employees, Local No. 1656



[ 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