Puget Sound Naval Shipyard and Bremerton Metal Trades Council (Authority decision, June 23, 1986)

Final FLRA decision. The Authority resolves exceptions to an arbitration award. 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 decision does not decide one.

Plain-English summary

The union sent exceptions to an arbitration award to the Authority’s regional office on the filing deadline. They reached the national office after the deadline. The Authority held that the time ran from service of the award, not receipt by the union, and dismissed the exceptions.

Decision snapshot

• Authority: 5 U.S.C. § 7122(b).
• Outcome: Union arbitration exceptions dismissed as untimely.
• Key point: Exceptions must reach the national office within the filing period measured from service.

Full text (FLRA public release)

[ v22 p212 ]

22:0212(21)AR

The decision of the Authority follows:

22 FLRA No. 21

PUGET SOUND NAVAL SHIPYARD
Activity

and

BREMERTON METAL TRADES COUNCIL
NAVY YARD LODGE 290
Union

Case NO. 0-AR-1153

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator Michael H. Beck filed 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, statement of fees and expenses, and cover letter are dated April 9, 1986, and, in the absence of evidence to the contrary, appear 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 May 13, 1986. However, the Union misfiled its exceptions with the Authority's San Francisco Regional Office that same day, the exceptions were not filed with the Authority at its national office in Washington, D.C., until May 19, 1986.

On its copy of the Arbitrator's award, the Union highlighted that it did not receive the award until April 22, 1986. Nevertheless, as the period for filing exceptions to the Arbitrator's award began on the date it was served on the filing party, that is, deposited in the mail (see section 2429.27(d) of the Authority's Rules and Regulations), and not on the date the award was received by that party, the Union's exceptions were untimely filed.

Accordingly, the Union's exceptions are hereby dismissed.

For the Authority.

Issued, Washington, D.C., June 23, 1986.
/s/ Harold D. Kessler
Director of Case Management

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

(1) Section 7122(b) of the Statute was amended by the Civil Service Miscellaneous Amendments Act of 1983 (Pub. L. NO. 98-224, Section 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).