[ v03 p493 ]
03:0493(77)AR
The decision of the Authority follows:
3 FLRA No. 77 LOCAL 2221 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO Union and NEWARK AIR FORCE STATION Activity Case No. 0-AR-80 ORDER DISMISSING EXCEPTIONS ON MARCH 11, 1980, THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO (THE UNION) FILED WITH THE AUTHORITY EXCEPTIONS TO THE AWARD OF ARBITRATOR THOMAS J. COYNE IN THE INSTANT CASE, PURSUANT TO SECTION 2425.1 OF THE AUTHORITY'S REGULATIONS (5 C.F.R. 2425.1(1980)). THE DEPARTMENT OF THE AIR FORCE FILED AN OPPOSITION TO THE UNION'S EXCEPTIONS. 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 EXCEPTIONS, IS DATED FEBRUARY 10, 1980. 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 10, 1980. HOWEVER, AS STATED ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL MARCH 11, 1980. IN THIS REGARD, THE UNION'S ALLEGATIONS, FILED WITH THE AUTHORITY ON MAY 16, 1980, RELATING TO TOLLING THE APPLICABLE TIME LIMIT, INCLUDING THE UNION'S ALLEGATION CONCERNING A DELAY IN RECEIPT OF A COPY OF THE SUBJECT AWARD BY THE UNION'S NATIONAL OFFICE, DO NOT PROVIDE A BASIS FOR SUCH TOLLING. 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 27, 1980 SAMUEL A. CHAITOVITZ, EXECUTIVE DIRECTOR SERVICE SHEET COPIES OF THE AUTHORITY'S ORDER DATED JUNE 27, 1980, IN CASE NO. SENT TO THE FOLLOWING: MS. JANE P. DANOWITZ OFFICE OF THE GENERAL COUNSEL AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO 1325 MASSACHUSETTS AVENUE, N.W. WASHINGTON, D.C. 20005 MR. DON A. DRESSER, CHIEF LABOR RELATIONS DIVISION DIRECTORATE OF CIVILIAN PERSONNEL DEPARTMENT OF THE AIR FORCE WASHINGTON, D.C. 20330