U.S. Mint Assay Office and AFGE Local 51 (Authority decision, November 13, 1985)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority dismissing exceptions to an arbitration award. Judicial review under 5 U.S.C. § 7123(a)(1) generally does not extend to an Authority order involving an arbitration award unless the order involves an unfair labor practice under 5 U.S.C. § 7116.

Plain-English summary

AFGE Local 51 filed exceptions to an arbitration award involving the U.S. Mint's San Francisco Assay Office. The Authority told the union that its filing did not meet procedural requirements and gave it 21 days to make specified corrections. The union submitted nothing by the deadline. The Authority dismissed the exceptions for failure to comply with its rules.

Decision snapshot

• Authority: Arbitration exception rules in 5 C.F.R. §§ 2425.2(b) and (c).
• Outcome: Union's exceptions dismissed.
• Key point: Uncorrected procedural defects can end Authority review of an arbitration award.

Full text (FLRA public release)

[ v20 p643 ]

20:0643(75)AR

The decision of the Authority follows:

20 FLRA No. 75

U.S. MINT, U.S. ASSAY OFFICE
SAN FRANCISCO, CALIFORNIA
Activity

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 51, AFL-CIO
Union

Case No. 0-AR-1028

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator Donald H. Wollett filed by the Union pursuant to section 7122(a) of the Federal Service Labor-Management Relations Statute and section 2425.1 of the Authority's Rules and Regulations. For the reasons indicated below, it has been determined that the Union's exceptions must be dismissed.

By Authority letter dated October 10, 1985, the Union was informed that its exceptions failed to comply with the requirements of sections 2425.2(b) and (c) of the Authority's Rules and Regulations. The Union was informed of the specific actions it had to take to so comply and to complete its exceptions, and was granted 21 days in which to do so. The Union was advised that further processing of its exceptions was contingent upon compliance with the cited provisions of the Authority's rules of procedure and was put on notice that failure to comply within the time limit provided could result in dismissal of its exceptions.

The Union has made no submission within the time limit provided. Accordingly, and apart from other considerations, the Union's exceptions are hereby dismissed for failure to comply with the Authority's rules of procedure.

For the Authority.

Issued, Washington, D.C., November 13, 1985 (s)--- Harold D. Kessler Managing Director for Case Processing