Internal Revenue Service, Philadelphia Service Center (Activity) and National Treasury Employees Union, Chapter 71 (Union)
[ v04 p97 ]
04:0097(16)AR
The decision of the Authority follows:
4 FLRA No. 16 INTERNAL REVENUE SERVICE, PHILADELPHIA SERVICE CENTER (Activity) and NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 71 (Union) Case No. 0-AR-134 ORDER DISMISSING EXCEPTIONS ON AUGUST 20, 1980, THE INTERNAL REVENUE SERVICE (THE ACTIVITY), FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR JAMES P. WHYTE IN THE INSTANT CASE WITH THE AUTHORITY, PURSUANT TO SECTION 2425.1 OF THE AUTHORITY'S REGULATIONS (5 C.F.R. 2425.1(1980)). THE ACTIVITY ALSO REQUESTED A STAY OF THE AWARD. 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 ACTIVITY'S SUBMISSION, IS DATED JULY 17, 1980. THEREFORE, UNDER SECTION 2425.1(B) OF THE AUTHORITY'S REGULATIONS, THE ACTIVITY'S EXCEPTIONS WERE DUE IN THE OFFICE OF THE AUTHORITY NO LATER THAN AUGUST 15, 1980. HOWEVER, AS STATED ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL AUGUST 20, 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 ACTIVITY'S EXCEPTIONS WERE UNTIMELY FILED, AND APART FROM OTHER CONSIDERATIONS, THE ACTIVITY'S APPEAL AND REQUEST FOR A STAY ARE HEREBY DISMISSED. FOR THE AUTHORITY. ISSUED, WASHINGTON, D.C., AUGUST 29, 1980 SAMUEL A. CHAITOVITZ, EXECUTIVE DIRECTOR