[ v04 p533 ]
04:0533(72)AR
The decision of the Authority follows:
4 FLRA No. 72 THE GEORGIA AIR NATIONAL GUARD, DOBBINS AIR FORCE BASE, MARIETTA, GEORGIA (Activity) and THE GEORGIA ASSOCIATION OF CIVILIAN TECHNICIANS, ACT, INC. (Union) Case No. 0-AR-152 ORDER DISMISSING EXCEPTIONS ON OCTOBER 7, 1980, THE GEORGIA ASSOCIATION OF CIVILIAN TECHNICIANS, ACT, INC. (THE UNION) FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR DONALD P. CRANE 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 SEPTEMBER 7, 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 OCTOBER 6, 1980. HOWEVER, AS STATED ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL OCTOBER 7, 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., OCTOBER 31, 1980 HAROLD D. KESSLER, ACTING EXECUTIVE DIRECTOR