[ v03 p528 ]
03:0528(84)AR
The decision of the Authority follows:
3 FLRA No. 84 COMMUNITY SERVICES ADMINISTRATION (Agency) and NATIONAL COUNCIL OF CSA LOCALS, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO (Union) Case No. 0-AR-106 ORDER DISMISSING EXCEPTIONS ON MAY 29, 1980, COMMUNITY SERVICES ADMINISTRATION (THE AGENCY) FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR SEYMOUR STRONGIN IN THE INSTANT CASE WITH THE AUTHORITY, PURSUANT TO SECTION 2425.1 OF THE AUTHORITY'S REGULATIONS (5 C.F.R. 2425.1(1980)). THE AGENCY ALSO REQUESTED A STAY OF THE AWARD. 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 AGENCY'S SUBMISSION, IS DATED APRIL 29, 1980. THEREFORE, UNDER SECTION 2425.1(B) OF THE AUTHORITY'S REGULATIONS, THE AGENCY'S EXCEPTIONS WERE DUE IN THE OFFICE OF THE AUTHORITY NO LATER THAN MAY 28, 1980. HOWEVER, AS STATED ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL MAY 29, 1980. IN THIS REGARD, THE AUTHORITY IS NOT EMPOWERED TO EXTEND OR WAIVE THE TIME LIMIT FOR FILING EXCEPTIONS TO ARBITRATORS' AWARDS. ACCORDINGLY, AS THE AGENCY'S EXCEPTIONS WERE UNTIMELY FILED, AND APART FROM OTHER CONSIDERATIONS, THE AGENCY'S APPEAL AND REQUEST FOR A STAY ARE 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. O-AR-106, SENT TO THE FOLLOWING: MR. ROGERS DAVIS, CHIEF LABOR MANAGEMENT RELATIONS COMMUNITY SERVICES ADMINISTRATION WASHINGTON, D.C. 20506 MR. BERNARD S. HOROWITZ CHIEF STEWARD NATIONAL COUNCIL OF CSA LOCALS AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO 101 MARIETTA STREET ATLANTA, GEORGIA 30323