[ v05 p577 ]
05:0577(73)AR
The decision of the Authority follows:
5 FLRA No. 73 NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, LOCAL R14-87 (Union) and THE ADJUTANT GENERAL OF KANSAS, KANSAS ARMY NATIONAL GUARD (Activity) Case No. 0-AR-209 ORDER DISMISSING EXCEPTIONS ON MARCH 26, 1981, THE NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, LOCAL R14-87 (THE UNION) FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR ROBERT V. PENFIELD 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 FEBRUARY 24, 1981. 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 MARCH 25, 1981. HOWEVER, AS STATED ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL MARCH 26, 1981. 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., MAY 4, 1981 JAMES J. SHEPARD, EXECUTIVE DIRECTOR