Pine Bluff Arsenal and American Federation of Government Employees, Local 953 (Authority decision, November 20, 1986)

Final FLRA decision. The Authority dismisses the union's arbitration exceptions as untimely because they reached the national office after the filing deadline. Under 5 U.S.C. § 7123(a)(1), orders involving arbitral awards are generally excluded from judicial review unless they involve an unfair labor practice. This decision does not state that it involves one.

Plain-English summary

AFGE Local 953 mailed exceptions to an arbitration award concerning Pine Bluff Arsenal to the Authority's Dallas regional office. The regional office received them on September 15, 1986, the last day for timely filing, and forwarded them promptly. The Authority's national office did not receive them until September 18. Because arbitration exceptions had to be filed at the national office, the Authority dismissed them as late without reaching the award's merits.

Decision snapshot

• Authority: Arbitration exception deadline under 5 U.S.C. § 7122(b) and 5 C.F.R. § 2425.1.
• Outcome: Union exceptions dismissed as untimely.
• Key point: Receipt at a regional office by the deadline did not count as filing at the Authority's national office.

Full text (FLRA public release)

[ v24 p115 ]

24:0115(14)AR

The decision of the Authority follows:

24 FLRA No. 14

PINE BLUFF ARSENAL
PINE BLUFF, ARKANSAS
Activity

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 953
Union

Case No. 0-AR-1231

ORDER DISMISSING EXCEPTIONS

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

The Arbitrator's award and a statement of fees and expenses are dated August 12, 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 September 15, 1986.

However, the exceptions were not filed with the Authority at its national office in Washington, D.C., until September 18, 1986. In this regard, the record establishes that the Union addressed the exceptions to the Authority's Dallas Regional Office, and mailed them by regular mail from Pine Bluff, Arkansas on September 11, 1986. The Dallas Regional Office received the exceptions on September 15, 1986, and exercised due diligence in forwarding them on September 16, 1986. The exceptions were not received by the Authority's national office until September 18, 1986, /3/ and, therefore, were untimely filed.

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

For the Authority.

Issued, Washington, D.C., November 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).

(3) It is well established that exceptions to an Arbitrator's award cannot be filed at a Regional Office, but must be filed with the Authority at its national office in Washington, D.C. See, The Panama Canal Commission and Maritime Metal Trades Council, AFL-CIO, 21 FLRA No. 38, n. 5 (1986).