Social Security Administration, Northeastern Program Service Center and AFGE Local 1760 (Authority decision, August 20, 1986)

Final FLRA decision. The Authority dismisses the union's arbitration exceptions as untimely. Under 5 U.S.C. § 7122(b), the award becomes final and binding when no timely exceptions are filed. The order concerns an arbitration award; ordinary judicial review of Authority arbitration orders is generally unavailable under 5 U.S.C. § 7123(a)(1) unless the order involves an unfair labor practice under § 7116.

Plain-English summary

AFGE Local 1760 filed exceptions to an arbitration award involving the SSA Northeastern Program Service Center. The award appears to have been mailed to the parties on June 26, 1986. The filing deadline was July 30, but the Authority received the union's exceptions on July 31. It dismissed the exceptions as untimely without reaching the underlying arbitration dispute.

Decision snapshot

• Authority: Exceptions deadline under 5 U.S.C. § 7122(b) and 5 C.F.R. §§ 2425.1, 2429.21, and 2429.22.
• Outcome: Union's exceptions dismissed as one day late.
• Key point: The exceptions had to be received by July 30; receipt on July 31 missed the deadline.

Full text (FLRA public release)

[ v23 p321 ]

23:0321(39)AR

The decision of the Authority follows:

23 FLRA No. 39

SOCIAL SECURITY ADMINISTRATION
NORTHEASTERN PROGRAM SERVICE CENTER
Activity

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1760, AFL-CIO
Union

Case No. 0-AR-1194

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator Bruno Stein 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 is dated June 26, 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, that is, received in the national office of the Authority not later than the close of business on July 30, 1986. However, the Union's exceptions were not filed with the Authority until July 31, 1986, and are therefore, untimely.

Accordingly, as the Union's exceptions were untimely filed, they are hereby dismissed.

For the Authority.

Issued, Washington, D.C., August 20, 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).