Naval Air Development Center (Activity) and American Federation of Government Employees, Local #1928 (Union) (Authority decision, June 25, 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 filed exceptions to a Naval Air Development Center arbitration award. The Authority found them filed after the applicable deadline. It dismissed the exceptions without reaching the award’s merits.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Union exceptions dismissed as untimely.
• Key point: The filing date foreclosed merits review.

Full text (FLRA public release)

[ v03 p470 ]

03:0470(71)AR

The decision of the Authority follows:

3 FLRA No. 71

NAVAL AIR DEVELOPMENT CENTER
(Activity)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL #1928
(Union)

Case No. 0-AR-103

ORDER DISMISSING EXCEPTIONS

ON MAY 21, 1980, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO
(THE UNION), FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR EDWARD J.
MULLALY 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 21, 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 20, 1980. HOWEVER, AS STATED ABOVE,
THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL MAY 21,
1980. IN THIS REGARD, THE AUTHORITY IS NOT EMPOWERED TO EXTEND OR WAIVE
THE TIME LIMIT FOR FILING EXCEPTIONS TO ARBITRATOR'S 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 25, 1980

SAMUEL A. CHAITOVITZ, EXECUTIVE DIRECTOR

SERVICE SHEET

COPIES OF THE AUTHORITY'S ORDER DATED JUNE 25, 1980, IN CASE NO.
O-AR-103, SENT TO THE FOLLOWING:

MR. ROYAL L. SIMS

NATIONAL VICE PRESIDENT, 3RD DISTRICT

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, AFL-CIO

4847 NORTH BROAD STREET, SUITE 201

PHILADELPHIA, PENNSYLVANIA 19141

MR. ROBERT CARROLL

EMPLOYEE AND LABOR RELATIONS OFFICERS

NAVAL AIR DEVELOPMENT CENTER

WARMINSTER, PENNSYLVANIA 18974