American Federation of Government Employees, Social Security Local #1760 (Union) and Social Security Administration, Northeastern Program Service Center, Flushing, New York (Activity) (Authority decision, July 10, 1980)
Social Security arbitration exceptions dismissed as late (FLRA 0-AR-115)
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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 filed exceptions to a Social Security arbitration award after the filing deadline. The Authority applied its arbitration filing rule and found the exceptions untimely. It dismissed them without reviewing the award’s merits.
Decision snapshot
- Authority: 5 U.S.C. § 7122(a).
- Outcome: Exceptions dismissed as untimely.
- Key point: The filing deadline prevented merits review of the award.
Full text (FLRA public release)
[ v03 p629 ]
03:0629(102)AR
The decision of the Authority follows:
3 FLRA No. 102
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, SOCIAL SECURITY LOCAL #1760
(Union)
and
SOCIAL SECURITY ADMINISTRATION,
NORTHEASTERN PROGRAM SERVICE CENTER,
FLUSHING, NEW YORK
(Activity)
Case No. 0-AR-115
ORDER DISMISSING EXCEPTIONS
ON JUNE 24, 1980, LOCAL 1760, AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO (THE UNION), FILED EXCEPTIONS TO THE AWARD OF
ARBITRATOR JESSE SIMONS 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 22, 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 20, 1980. HOWEVER, AS STATED ABOVE,
THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL JUNE 24,
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-115, SENT TO THE FOLLOWING:
MR. HERBERT COLLENDER
PRESIDENT, LOCAL 1760
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
P.O. BOX 626
CORONA-ELMHURST, NEW YORK 11373
MR. JULIAN BERGMAN
LABOR RELATIONS SPECIALIST
NORTHEASTERN PROGRAM SERVICE CENTER
SOCIAL SECURITY ADMINISTRATION
96-05 HORACE HARDING EXPRESSWAY
FLUSHING, NEW YORK 11368
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