Veterans Administration, Buffalo Regional Office (Activity) and American Federation of Government Employees, Local 3314, AFL-CIO (Union)
[ v04 p301 ]
04:0301(41)AR
The decision of the Authority follows:
4 FLRA No. 41 VETERANS ADMINISTRATION, BUFFALO REGIONAL OFFICE (Activity) and LOCAL NO. 3314, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO (Union) Case No. O-AR-139 ORDER DISMISSING EXCEPTIONS ON SEPTEMBER 15, 1980, THE VETERANS ADMINISTRATION (AGENCY) FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR JACOB D. HYMAN IN THE INSTANT CASE WITH THE AUTHORITY, PURSUANT TO SECTION 2524.1 OF THE AUTHORITY'S REGULATIONS (5 C.F.R. 2425.1(1980)). THE AGENCY 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 AGENCY'S SUBMISSION, IS DATED AUGUST 13, 1980. THEREFORE, UNDER SECTION 2425.1(0) OF THE AUTHORITY'S REGULATIONS, THE AGENCY'S EXCEPTIONS WERE DUE IN THE OFFICE OF THE AUTHORITY NO LATER THAN SEPTEMBER 11, 1980. HOWEVER, AS STATED ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL SEPTEMBER 15, 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 AGENCY'S EXCEPTIONS WERE UNTIMELY FILED, AND APART FROM OTHER CONSIDERATIONS, THE AGENCY'S APPEAL AND REQUEST FOR A STAY ARE HEREBY DISMISSED. FOR THE AUTHORITY. ISSUED, WASHINGTON, D.C., SEPTEMBER 29, 1980 HAROLD D. KESSLER, ACTING EXECUTIVE DIRECTOR CERTIFICATE OF SERVICE COPIES OF THE AUTHORITY'S ORDER DATED SEPTEMBER 29, 1980, IN THE INSTANT CASE, SENT TO THE FOLLOWING: MR. JAMES C. KLEIN ATTORNEY OFFICE OF THE GENERAL COUNSEL VETERANS ADMINISTRATION 810 VERMONT AVENUE, NW. WASHINGTON, D.C. 20420 MR. JERRY LORANG (W/C SUBJECT EXCEPTIONS) AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO 111 WEST HURON STREET BUFFALO, NEW YORK 14202