Warner Robins Air Logistics Center, Department of the Air Force and American Federation of Government Employees, Local 987 (Authority decision, January 21, 1987)

Final FLRA decision. The Authority dismisses an agency's exceptions to an arbitration award as untimely. Under 5 U.S.C. § 7123(a)(1), an order involving an arbitral award is generally excluded from judicial review unless it involves an unfair labor practice under 5 U.S.C. § 7116. This order does not decide an unfair labor practice.

Plain-English summary

The Warner Robins Air Logistics Center filed exceptions to an arbitration award dated September 11, 1986. The Authority calculated an October 15 deadline for receiving the exceptions at its national office. They arrived there on October 27. Because the filing was late, the Authority dismissed the exceptions without addressing the arbitration award's merits.

Decision snapshot

• Authority: Arbitration exception deadline under 5 U.S.C. § 7122(b) and the Authority's filing rules.
• Outcome: Agency exceptions dismissed as untimely.
• Key point: The national office received the exceptions after the deadline calculated in the order.

Full text (FLRA public release)

[ v25 p340 ]

25:0340(22)AR

The decision of the Authority follows:

25 FLRA No. 22

WARNER ROBINS AIR LOGISTICS CENTER
DEPARTMENT OF THE AIR FORCE
Activity

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 987
Union

Case No. 0-AR-1255

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator J. Ralph Beaird filed by the Activity 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 September 11, 1986, and, in the absence of evidence to the contrary, 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 October 15, 1986. However, the exceptions were not filed with the Authority at its national office in Washington, D.C., until October 27, 1986.

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

For the Authority.

Issued, Washington, D.C., January 21, 1987.
/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).