American Federation of Government Employees, Local No. 1122, AFL-CIO (Union) and Western Program Service Center, Social Security Administration, Department of Health, Education and Welfare (Activity) (Authority decision, July 10, 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 sought review of an arbitration award involving a Social Security service center. The Authority found that the union filed its exceptions after the applicable deadline. It dismissed the exceptions without reaching the substance of the award.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Exceptions dismissed as untimely.
• Key point: Late filing foreclosed review of the arbitration award.

Full text (FLRA public release)

[ v03 p627 ]

03:0627(101)AR

The decision of the Authority follows:

3 FLRA No. 101

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL NO. 1122, AFL-CIO
(Union)

and

WESTERN PROGRAM SERVICE CENTER,
SOCIAL SECURITY ADMINISTRATION
DEPARTMENT OF HEALTH, EDUCATION
AND WELFARE
(Activity)

Case No. 0-AR-112

ORDER DISMISSING EXCEPTIONS

ON JUNE 17, 1980, LOCAL 1122, AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO (THE UNION), FILED EXCEPTIONS TO THE AWARD OF
ARBITRATOR ARMON BARSAMIAN 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 MAY 16, 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 JUNE 16, 1980. HOWEVER, AS STATED ABOVE,
THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL JUNE 17,
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 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., JULY 10, 1980

SAMUEL A. CHAITOVITZ, EXECUTIVE DIRECTOR

SERVICE SHEET

COPIES OF THE AUTHORITY'S ORDER OF JULY 10, 1980, IN CASE NO.
O-AR-112, SENT TO THE FOLLOWING:

MR. H. TIM HOFFMAN

HOFFMAN & ASSOCIATES

TRIBUNE TOWER, FOURTEENTH FLOOR

OAKLAND, CALIFORNIA 94612

MR. WILLIAM H. HOLMAN

LABOR RELATIONS STAFF

SOCIAL SECURITY ADMINISTRATION

ROOM 1220, WEST HIGH RISE BUILDING

6401 SECURITY BOULEVARD

BALTIMORE, MARYLAND 21235