[ v06 p17 ]
06:0017(8)AR
The decision of the Authority follows:
6 FLRA No. 8 VETERANS ADMINISTRATION MEDICAL CENTER PHOENIX, ARIZONA (Activity) and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES (AFL-CIO), LOCAL 2382 (Union) Case No. O-AR-228 ORDER DISMISSING EXCEPTIONS ON MAY 8, 1981, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES (THE UNION) FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR DONALD DAUGHTON 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 APRIL 8, 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 MAY 7, 1981. HOWEVER, AS STATED ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL MAY 8, 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., JUNE 3, 1981 JAMES J. SHEPARD, EXECUTIVE DIRECTOR