Veterans Administration Medical Center Roseburg and AFGE Local 1042 (Authority decision, July 9, 1986)

Final FLRA decision. The Authority denies reconsideration of its earlier order dismissing arbitration exceptions. Under 5 U.S.C. § 7123(a)(1), ordinary judicial review is generally unavailable for an order concerning an arbitration award unless it involves an unfair labor practice under § 7116; this order does not decide one.

Plain-English summary

The union asked the Authority to reconsider its dismissal of exceptions to an arbitration award as late. The exceptions reached the Authority’s National Office after the filing deadline because the union sent them to a regional office. The Authority found no extraordinary circumstances to reconsider its earlier order and denied the request.

Decision snapshot

• Authority: 5 U.S.C. § 7122(b), 5 C.F.R. § 2429.17.
• Outcome: Request for reconsideration denied; late filing dismissal stands.
• Key point: Arbitration exceptions must reach the Authority’s National Office by the deadline.

Full text (FLRA public release)

[ v21 p588 ]
21:0588(75)AR

The decision of the Authority follows:

21 FLRA NO. 75
21 FLRA 588

30 APR 1986

VETERANS ADMINISTRATION MEDICAL
CENTER, ROSEBURG, OREGON

Activity

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1042

Union

Case No. 0-AR-1133

ORDER DENYING REQUEST FOR RECONSIDERATION

The case is before the Authority on a request for reconsideration filed by the Union on May 13, 1986, seeking reconsideration of the Authority's Order of April 30, 1986, dismissing the Union's exceptions (21 FLRA No. 75 (1986)). For the reasons set forth below, the Union's request must be denied.

The Authority dismissed the Union's exceptions to the arbitrator's award on the basis that the exceptions were untimely. The Authority found that the arbitrator's award was dated March 18, 1986, and pursuant to 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 filed on or after March 2, 1984, and under sections 2429.21 and 2429.22 of the Authority's Rules and Regulations, which are also applicable [PAGE] to computation of time limit here involved, the exceptions had to be filed in the National Office of the Authority not later than the close of business on April 21, 1986. However, the exceptions were not filed with the Authority at its National Office until April 22, 1986. The Union had mailed the exceptions on April 14, 1986, to the Authority's San Francisco Regional Office. The San Francisco Regional Office received the exceptions on April 17, 1986, and forwarded them on April 18, 1986. However, they were not received by the Authority's National Office until April 22, 1986. Therefore, the exceptions were untimely filed.

In its request for reconsideration, the Union contends that it spoke with two attorneys in the Authority's San Francisco Regional Office concerning the procedures for filing exceptions to an arbitration award and that during these conversations, the attorneys failed to inform the Union that it must file its exceptions with the National Office of the Authority. In addition, the Union argues that it "is totally unfair to dismiss this case on such a minor technicality."

Section 2429.17 of the Authority's Rules and Regulations, effective September 10, 1981, provides in pertinent part:

2429.17 Reconsideration.

After a final decision or order of the Authority has been issued, a party to the proceeding before the Authority who can establish in its moving papers extraordinary circumstances for so doing, may move for reconsideration of such final decision or order. The motion shall be filed within 10 days after service of the Authority's decision or order....

The Union's argument does not demonstrate the existence of extraordinary circumstances within the meaning of section 2429.17 of the Authority's Rules and Regulations. Under sections 2429.21 and 2429.24 of the Rules and Regulations, when a document is required to be filed with the Authority, the document must be received in the National Office of the Authority before the close of business on the last day of the prescribed time limit. See Bremerton Metal Trades Council, United Association, Local 631 and Puget Sound Naval Shipyard, 9 FLRA 1094 (1982); request for reconsideration [PAGE 2] denied June 24, 1982. While the Union did mail the exceptions on April 14, 1986, presumably in sufficient time to be timely received if properly addressed, exceptions to an arbitrator's award cannot be filed at a Regional Office. Since the inception of the Authority in 1979, applicable regulations have required that exceptions to arbitration awards filed with the Authority be filed at the National Office. See The Panama Canal Commission and Maritime Metal Trades Council, AFL - CIO, 21 FLRA No. 38, n.5 (1986); request for reconsideration denied April 16, 1986.

Accordingly, since the Union has failed to establish the existence of extraordinary circumstances warranting reconsideration of the Authority's decision, the Union's Request is hereby denied.

For the Authority.

Issued, Washington, D.C., July 9, 1986.

Jerry L. Calhoun, Chairman

Henry B. Frazier III, Member

FEDERAL LABOR RELATIONS AUTHORITY

FOOTNOTES

Footnote 1 Section 7122(b) of the Statute was amended by the Civil Service Miscellaneous Amendments Act of 1983 (Pub. L. 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.

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