William S. Middleton Memorial Veterans Administration Hospital (Activity) and American Federation of Government Employees, Local 1732, AFL-CIO (Union)
[ v04 p96 ]
04:0096(15)AR
The decision of the Authority follows:
4 FLRA No. 15 WILLIAM S. MIDDLETON MEMORIAL VETERANS ADMINISTRATION HOSPITAL (Activity) and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1732, AFL-CIO (Union) Case No. 0-AR-132 ORDER DISMISSING EXCEPTIONS ON AUGUST 14, 1980, LOCAL 1732, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO (THE UNION), FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR EDWARD E. HALES IN THE INSTANT CASE WITH THE AUTHORITY, WHICH EXCEPTIONS APPEAR TO HAVE BEEN PREVIOUSLY MISFILED WITH THE FEDERATION MEDIATION AND CONCILIATION SERVICE (FMCS) ON JULY 16, 1980. THE EXCEPTIONS WERE FILED 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 JUNE 13, 1980. THEREFORE, UNDER SECTION 2425.1(B) OF THE AUTHORITY'S REGULATIONS, THE UNION'S EXCEPTIONS WERE DUE IN THE OFFICE OF AUTHORITY NO LATER THAN JULY 14, 1980. HOWEVER, AS STATED ABOVE, THE SUBJECT EXCEPTIONS, MISFILED WITH THE FMCS ON JULY 16, 1980, WERE NOT FILED WITH THE AUTHORITY UNTIL AUGUST 14, 1980. IN THIS REGARD, THE AUTHORITY IS NOT EMPOWERED TO EXTEND OR WAIVE THE TIME LIMIT FOR FILING EXCEPTIONS TO ARBITRATORS' 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., AUGUST 29, 1980 SAMUEL A. CHAITOVITZ, EXECUTIVE DIRECTOR