Community Services Administration (Agency) and National Council of CSA Locals, American Federation of Government Employees, AFL-CIO (Union) (Authority decision, June 27, 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

The Community Services Administration filed exceptions to an arbitration award and requested a stay. The Authority found the exceptions were filed after its deadline and could not be accepted for review. It dismissed the exceptions without deciding their merits.

Decision snapshot

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

Full text (FLRA public release)

[ v03 p528 ]

03:0528(84)AR

The decision of the Authority follows:

3 FLRA No. 84

COMMUNITY SERVICES ADMINISTRATION
(Agency)

and

NATIONAL COUNCIL OF CSA LOCALS,
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
(Union)

Case No. 0-AR-106

ORDER DISMISSING EXCEPTIONS

ON MAY 29, 1980, COMMUNITY SERVICES ADMINISTRATION (THE AGENCY) FILED
EXCEPTIONS TO THE AWARD OF ARBITRATOR SEYMOUR STRONGIN IN THE INSTANT
CASE WITH THE AUTHORITY, PURSUANT TO SECTION 2425.1 OF THE AUTHORITY'S
REGULATIONS (5 C.F.R. 2425.1(1980)). THE AGENCY ALSO REQUESTED A STAY
OF THE AWARD. 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 AGENCY'S
SUBMISSION, IS DATED APRIL 29, 1980. THEREFORE, UNDER SECTION 2425.1(B)
OF THE AUTHORITY'S REGULATIONS, THE AGENCY'S EXCEPTIONS WERE DUE IN THE
OFFICE OF THE AUTHORITY NO LATER THAN MAY 28, 1980. HOWEVER, AS STATED
ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL
MAY 29, 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 AGENCY'S EXCEPTIONS WERE UNTIMELY FILED, AND
APART FROM OTHER CONSIDERATIONS, THE AGENCY'S APPEAL AND REQUEST FOR A
STAY ARE HEREBY DISMISSED.

FOR THE AUTHORITY.

ISSUED, WASHINGTON, D.C., JUNE 27, 1980

SAMUEL A. CHAITOVITZ, EXECUTIVE DIRECTOR

SERVICE SHEET

COPIES OF THE AUTHORITY'S ORDER DATED JUNE 27, 1980, IN CASE NO.
O-AR-106, SENT TO THE FOLLOWING:

MR. ROGERS DAVIS, CHIEF

LABOR MANAGEMENT RELATIONS

COMMUNITY SERVICES ADMINISTRATION

WASHINGTON, D.C. 20506

MR. BERNARD S. HOROWITZ

CHIEF STEWARD

NATIONAL COUNCIL OF CSA LOCALS

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, AFL-CIO

101 MARIETTA STREET

ATLANTA, GEORGIA 30323