[ v07 p274 ]
07:0274(41)AR
The decision of the Authority follows:
7 FLRA No. 41 U.S. MARINE CORPS, MARINE CORPS AIR COMMAND COMBAT CENTER/COMBINED ARMS COMMAND, TWENTYNINE PALMS, CALIFORNIA (Activity) and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 2018 (Union) Case No. O-AR-307 ORDER DISMISSING EXCEPTIONS THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF ARBITRATOR JOSEPH F. GENTILE FILED BY THE UNION 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 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 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 UNION'S SUBMISSION, IS DATED SEPTEMBER 30, 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 OCTOBER 29, 1981. HOWEVER, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL OCTOBER 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 UNION'S EXCEPTIONS WERE UNTIMELY FILED, AND APART FROM OTHER CONSIDERATIONS, THE EXCEPTIONS ARE HEREBY DISMISSED. FOR THE AUTHORITY. ISSUED, WASHINGTON, D.C., NOVEMBER 25, 1981 JAMES J. SHEPARD, EXECUTIVE DIRECTOR