Naval Air Station Civilian Personnel Department, Corpus Christi, Texas (Activity) and National Federation of Federal Employees, Local 797 (Union)
[ v07 p185 ]
07:0185(26)AR
The decision of the Authority follows:
7 FLRA No. 26 NAVAL AIR STATION CIVILIAN PERSONNEL DEPARTMENT, CORPUS CHRISTI, TEXAS (Activity) and NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 797 (Union) Case No. O-AR-291 ORDER DISMISSING EXCEPTIONS THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF ARBITRATOR HARRY L. JOHNSON FILED BY THE GRIEVANT PURSUANT TO SECTION 7122(A) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C. 7122(A)) AND SECTION 2425.1 OF THE AUTHORITY'S RULES AND REGULATIONS (5 C.F.R. 2425.1(1981)). FOR THE REASONS STATED BELOW, IT HAS BEEN DETERMINED THAT THE GRIEVANT'S EXCEPTIONS MUST BE DISMISSED AS UNTIMELY FILED. SECTION 2425.1(B) OF THE AUTHORITY'S REGULATIONS PROVIDES THAT THE TIME LIMIT FOR FILING AN EXCEPTION 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 GRIEVANT'S SUBMISSION, IS DATED AUGUST 23, 1981. THERFORE, UNDER SECTION 2425.1(B) OF THE AUTHORITY'S REGULATIONS, THE GRIEVANT'S EXCEPTIONS WERE DUE IN THE OFFICE OF THE AUTHORITY NO LATER THAN SEPTEMBER 21, 1981. HOWEVER, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL SEPTEMBER 30, 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 GRIEVANT'S EXCEPTIONS WERE UNTIMELY FILED, AND APART FROM OTHER CONSIDERATIONS, THE EXCEPTIONS ARE HEREBY DISMISSED. FOR THE AUTHORITY. ISSUED WASHINGTON, D.C., NOVEMBER 5, 1981. JAMES J. SHEPARD, EXECUTIVE DIRECTOR