American Federation of Government Employees, Local 3369, AFL-CIO, Regional Council (Union) and New York Region, Field Operations, Social Security Administration (Activity)
[ v07 p8 ]
07:0008(2)AR
The decision of the Authority follows:
7 FLRA No. 2 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 3369, REGIONAL COUNCIL (Union) and NEW YORK REGION, FIELD OPERATIONS, SOCIAL SECURITY ADMINISTRATION (Activity) Case No. O-AR-288 ORDER DISMISSING EXCEPTIONS THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF ARBITRATOR WILLIAM W. WAITE FILED BY THE UNION PURSUANT TO SECTION 7122(A) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C. SEC. 7122(A)) AND SECTION 2425.1 OF THE AUTHORITY'S RULES AND REGULATIONS (5 C.F.R. 2425.1). FOR THE REASONS STATED BELOW IT HAS BEEN DETERMINED THAT THE UNION'S EXCEPTIONS MUST BE DISMISSED AS UNTIMELY FILED. SECTION 2425.1(B) OF THE AUTHORITY'S REGULATIONS PROVIDES THAT THE TIME LIMIT FOR FILING EXCEPTIONS TO AN ARBITRATION AWARD IS THIRTY DAYS BEGINNING ON AND INCLUDING THE DATE OF THE AWARD. THE ARBITRATOR'S AWARD IN THIS CASE, AS INCLUDED IN THE UNION'S SUBMISSION, IS DATED AUGUST 25, 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 SEPTEMBER 23, 1981. HOWEVER, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL SEPTEMBER 24, 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 EXCEPTIONS ARE HEREBY DISMISSED. FOR THE AUTHORITY. ISSUED, WASHINGTON, D.C., OCTOBER 8, 1981. JAMES J. SHEPARD, EXECUTIVE DIRECTOR