[ v04 p360 ]
04:0360(46)AR
The decision of the Authority follows:
4 FLRA No. 46 VETERANS ADMINISTRATION MEDICAL CENTER, DAYTON, OHIO (Activity) and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 2209 (Union) Case No. O-AR-142 ORDER DISMISSING EXCEPTIONS ON SEPTEMBER 22, 1980, LOCAL 2209, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO (THE UNION), FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR L. D. MAY IN THE INSTANT CASE WITH THE AUTHORITY, PURSUANT TO SECTION 2425.1 OF THE AUTHORITY'S REGULATIONS (5 C.F.R. 2425.1(1980)). 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 SUBMISSION, IS DATED AUGUST 19, 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 SEPTEMBER 17, 1980. HOWEVER, AS STATED ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL SEPTEMBER 22, 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 UNION'S EXCEPTIONS WERE UNTIMELY FILED, AND APART FROM OTHER CONSIDERATIONS, THE UNION'S EXCEPTIONS ARE HEREBY DISMISSED. FOR THE AUTHORITY. ISSUED, WASHINGTON, D.C., SEPTEMBER 30, 1980 HAROLD D. KESSLER, ACTING EXECUTIVE DIRECTOR CERTIFICATE OF SERVICE COPIES OF THE AUTHORITY'S ORDER IN THE INSTANT CASE WERE MAILED THIS DAY TO THE FOLLOWING: MS. MILDRED AMEY PRESIDENT, LOCAL 2209 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO P.O. BOX 306 DUNBAR STATION DAYTON, OHIO 45417 MR. RUBERT A. MILLER (W/C SUBJECT EXCEPTIONS) VETERANS ADMINISTRATION MEDICAL CENTER 4100 WEST THIRD STREET DAYTON, OHIO 45428