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06:0395(69)AR
The decision of the Authority follows:
6 FLRA No. 69
AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, AFL-CIO,
LOCAL 2006
(Union)
and
SOCIAL SECURITY ADMINISTRATION
(Activity)
Case No. O-AR-237
ORDER DISMISSING EXCEPTIONS
ON MAY 15, 1981, THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
AFL-CIO, LOCAL 2006 (THE UNION) MAILED EXCEPTIONS TO THE AWARD OF
ARBITRATOR WALTER H. POWELL IN THE INSTANT CASE TO 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 INDICATED IN THE UNION'S
SUBMISSION, IS DATED APRIL 16, 1981. THEREFORE, UNDER SECTION 2425.1(B)
OF THE AUTHORITY'S REGULATIONS, THE UNION'S EXCEPTIONS WERE DUE IN THE
OFFICE OF THE AUTHORITY, IN WASHINGTON, D.C., NO LATER THAN MAY 15,
1981. THE U.S. POSTAL SERVICE POSTMARK ON THE ENVELOPE IN WHICH THE
EXCEPTIONS WERE FILED INDICATES THAT THE EXCEPTIONS WERE MAILED IN
PHILADELPHIA ON THE DUE DATE, MAY 15, 1981. THE EXCEPTIONS, MISFILED
INITIALLY WITH THE WASHINGTON REGIONAL OFFICE, WERE NOT FILED WITH THE
AUTHORITY UNTIL MAY 26, 1981. THUS, IT IS CLEAR THAT THE UNION'S
EXCEPTIONS WERE NOT PROPERLY FILED IN THE NATIONAL OFFICE OF THE
AUTHORITY BY MAY 15, 1981, AS REQUIRED. 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 APPEAL IS HEREBY DISMISSED.
FOR THE AUTHORITY.
ISSUED, WASHINGTON, D.C., AUGUST 12, 1981
JAMES J. SHEPARD, EXECUTIVE DIRECTOR