Mare Island Naval Shipyard (Activity) and Federal Employees Metal Trades Council of Vallejo, AFL-CIO (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

A metal trades union filed exceptions to an arbitration award involving Mare Island Naval Shipyard. The Authority found the exceptions untimely under its rule. It dismissed them without reviewing the award’s merits.

Decision snapshot

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

Full text (FLRA public release)

[ v03 p463 ]

03:0463(68)AR

The decision of the Authority follows:

3 FLRA No. 68

MARE ISLAND NAVAL SHIPYARD
(Activity)

and

FEDERAL EMPLOYEES METAL TRADES
COUNCIL OF VALLEJO, AFL-CIO
(Union)

Case No. 0-AR-105

ORDER DISMISSING EXCEPTIONS

ON MAY 28, 1980, FEDERAL EMPLOYEES METAL TRADES COUNCIL, AFL-CIO (THE
UNION) FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR MORRIS L. MYERS 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 24, 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 23, 2980. HOWEVER, AS STATED ABOVE,
THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL MAY 28,
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-105, SENT TO THE FOLLOWING:

MR. JOHN C. ROBINSON

PRESIDENT

FEDERAL EMPLOYEES METAL TRADES

COUNCIL, AFL-CIO

P.O. BOX 2195

VALLEJO, CALIFORNIA 94592

MR. DON WILSON

WESTERN FIELD DIVISION

OFFICE OF CIVILIAN PERSONNEL

DEPARTMENT OF THE NAVY

760 MARKET STREET

SAN FRANCISCO, CALIFORNIA 94102