Fort Leavenworth Army Combined Arms Center and AFGE Local 738 (Authority decision, February 10, 1986)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority on exceptions to an arbitration award. Under 5 U.S.C. § 7123(a)(1), orders involving arbitral awards 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

AFGE Local 738 filed exceptions to an arbitration award served by mail on December 26, 1985. The Authority calculated that the exceptions were due at its national office by January 29, 1986. They arrived on January 31. The Authority dismissed the exceptions as untimely without reviewing the award's merits.

Decision snapshot

• Authority: Arbitration exception deadline under 5 U.S.C. § 7122(b) and 5 C.F.R. § 2425.1.
• Outcome: Union exceptions dismissed as untimely.
• Key point: Mailing an exception does not satisfy a deadline requiring its receipt at the Authority's national office.

Full text (FLRA public release)

[ v21 p36 ]

21:0036(5)AR

The decision of the Authority follows:

21 FLRA No. 5

DEPARTMENT OF THE ARMY
U.S. ARMY COMBINED
ARMS CENTER AND FORT
LEAVENWORTH
Agency

and

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
LOCAL 738

Case No. 0-AR-1090

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator Don Hamilton 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 reason stated below, it has been determined that the exceptions must be dismissed as untimely filed.

The Arbitrator' s award is dated December 26, 1985, and appears to have been served on the parties by mail on the same day.

Under section 7122(b) of the Statute, as amended, /1/ and section 2425.1 of the Authority' s Rules and Regulations, as amended, /2/ which amendments are applicable to exceptions pending or filed with the Authority on or after March 2, 1984, and under sections 2429.21 and 2429.22 of the Rules and Regulations, which are also applicable to computation of the time limit here involved any exceptions to the Arbitrator' s award in this case had to be filed, that is, received in the national office of the Authority not later than the close of business on January 29, 1986. However, the exceptions were not filed with the Authority at its national office in Washington, D.C., until January 31, 1986.

Accordingly, as the Union' s exceptions were untimely filed, they are hereby dismissed.

For the Authority.

Issued, Washington, D.C., February 10, 1986 (s)--- Harold D. Kessler Managing Director for Case Processing

--------------- FOOTNOTES$ ---------------

/1/ Section 7122 (b) of the Statute was amended by the Civil Service Miscellaneous amendments Act of 1983 (Pub. 1. No. 98-224. 4. 98 Stat, 47, 48 (1984)) to provide that the 30-day period for filing exceptions to an arbitrator's award begins on the date the award is served on the filing party.

/2/ 49 Fed.Reg. 22623 (1984).