AFGE and Marine Corps Camp Lejeune (Authority decision, June 30, 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The union sent arbitration exceptions to an outdated regional office address. They reached the Authority’s national office after the filing deadline. The Authority dismissed the exceptions as untimely without reaching their merits.

Decision snapshot

• Authority: 5 U.S.C. § 7122(b).
• Outcome: Union exceptions dismissed as untimely.
• Key point: An arbitration exception must reach the Authority’s proper filing office by the deadline.

Full text (FLRA public release)

[ v22 p349 ]

22:0349(33)AR

The decision of the Authority follows:

22 FLRA No. 33

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES
Union

and

U. S. MARINE CORPS,
CAMP LEJEUNE, NORTH CAROLINA
Activity

Case NO. 0-AR-1166

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator David A. Singer, Jr. 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 reasons stated below, it has been determined that the exceptions must be dismissed as untimely filed.

The Arbitrator's award was dated on or about April 23, 1986, 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 with the Authority no later than the close of business on May 27, 1986. However, the exceptions were not filed with the Authority at its national office until June 6, 1986. In this regard, the record established that the Union mailed the exceptions to the Authority's Atlanta Regional Office at its former address on May 22, 1986. The Atlanta Regional Office received them on June 2, 1986, and exercised due diligence in forwarding the exceptions that same day. However, they were not received by the Authority's national office until June 6, 1986. Therefore, the exceptions were untimely filed.

Accordingly, as the Union's exceptions were untimely filed, and apart from other considerations, they are hereby dismissed.

For the Authority.

Issued, Washington, D.C., June 30, 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).