Headquarters, 323rd Flying Training Wing, Mather Air Force Base, California (Activity) and American Federation of Government Employees, Local 1692 (Union) (Authority decision, June 26, 1980)

Final FLRA decision. This order concerns exceptions to an arbitration award under 5 U.S.C. § 7122. Under 5 U.S.C. § 7123(a)(1), such orders are generally excluded from judicial review unless they involve an unfair labor practice under 5 U.S.C. § 7116; this decision does not state that it involves one.

Plain-English summary

An AFGE local sought review of an arbitration award involving Mather Air Force Base. The Authority found its exceptions untimely and could not accept them for review. The award’s merits were not decided.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Union exceptions dismissed as untimely.
• Key point: The arbitration filing deadline was dispositive.

Full text (FLRA public release)

[ v03 p475 ]

03:0475(73)AR

The decision of the Authority follows:

3 FLRA No. 73

HEADQUARTERS, 323RD FLYING
TRAINING WING, MATHER AIR
FORCE BASE, CALIFORNIA
(Activity)

and

LOCAL 1692, AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES
(Union)

Case No. 0-AR-102

ORDER DISMISSING EXCEPTIONS

ON MAY 27, 1980, LOCAL 1692, AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO (THE UNION), FILED EXCEPTIONS TO THE AWARD OF
ARBITRATOR CORNELIUS J. PECK 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 APRIL 22, 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 MAY 21, 1980. HOWEVER, AS STATED ABOVE,
THE SUBJECT EXCEPTIONS WERE NOT FILED WITHIN THE AUTHORITY UNTIL MAY 27,
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 APPEAL IS HEREBY DISMISSED.

FOR THE AUTHORITY.

ISSUED, WASHINGTON, D.C., JUNE 26, 1980

SAMUEL A. CHAITOVITZ, EXECUTIVE DIRECTOR

SERVICE SHEET

COPIES OF THE AUTHORITY'S ORDER DATED JUNE 26, 1980, IN CASE NO.
O-AR-102, SENT TO THE FOLLOWING:

MR. HOWARD E. BERRYMAN

PRESIDENT, LOCAL 1692

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, AFL-CIO

MATHER AIR FORCE BASE, CALIFORNIA 95655

MR. JAMES E. GREENE

HEADQUARTERS, 323RD FLYING TRAINING

WING

MATHER AIR FORCE BASE, CALIFORNIA 95655