Mare Island Naval Shipyard (Activity) and Federal Employees Metal Trades Council of Vallejo, AFL-CIO (Union)
[ v03 p463 ]
03:0463(68)AR
The decision of the Authority follows:
3 FLRA No. 68 MARE ISLAND NAVAL SHIPYARD (Activity) and FEDERAL EMPLOYEES METAL TRADES COUNCIL OF VALLEJO, AFL-CIO (Union) Case No. 0-AR-105 ORDER DISMISSING EXCEPTIONS ON MAY 28, 1980, FEDERAL EMPLOYEES METAL TRADES COUNCIL, AFL-CIO (THE UNION) FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR MORRIS L. MYERS IN THE INSTANT CASE WITH THE AUTHORITY, PURSUANT TO SECTION 2425.1 OF THE AUTHORITY'S REGULATIONS (5 C.F.R. 2425.1(1980)). FOR THE REASONS INDICATED BELOW, IT HAS BEEN DETERMINED THAT THE SUBJECT EXCEPTIONS WERE UNTIMELY FILED AND CANNOT BE ACCEPTED FOR REVIEW. SECTION 2425.1(B) OF THE AUTHORITY'S REGULATIONS (5 C.F.R. 2425.1(B)(1980)) PROVIDES: 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 THE UNION'S SUBMISSION, IS DATED APRIL 24, 1980. THEREFORE, UNDER SECTION 2425.1(B) OF THE AUTHORITY'S REGULATIONS, THE UNION'S EXCEPTIONS WERE DUE IN THE OFFICE OF THE AUTHORITY NO LATER THAN MAY 23, 2980. HOWEVER, AS STATED ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL MAY 28, 1980. IN THIS REGARD, THE AUTHORITY IS NOT EMPOWERED TO EXTEND OR WAIVE THE TIME LIMIT FOR FILING EXCEPTIONS TO ARBITRATOR'S AWARDS. ACCORDINGLY, AS THE UNION'S EXCEPTIONS WERE UNTIMELY FILED, AND APART FROM OTHER CONSIDERATIONS, THE UNION'S APPEAL IS HEREBY DISMISSED. FOR THE AUTHORITY. ISSUED, WASHINGTON, D.C., JUNE 25, 1980. SAMUEL A. CHAITOVITZ, EXECUTIVE DIRECTOR SERVICE SHEET COPIES OF THE AUTHORITY'S ORDER DATED JUNE 25, 1980, IN CASE NO. O-AR-105, SENT TO THE FOLLOWING: MR. JOHN C. ROBINSON PRESIDENT FEDERAL EMPLOYEES METAL TRADES COUNCIL, AFL-CIO P.O. BOX 2195 VALLEJO, CALIFORNIA 94592 MR. DON WILSON WESTERN FIELD DIVISION OFFICE OF CIVILIAN PERSONNEL DEPARTMENT OF THE NAVY 760 MARKET STREET SAN FRANCISCO, CALIFORNIA 94102