Marine Corps, Marine Corps Logistics Base (Activity) and American Federation of Government Employees, Local 1482 (Union) (Authority decision, August 25, 1980)

Final FLRA decision. This order concerns exceptions to an arbitration award under 5 U.S.C. § 7122. Under 5 U.S.C. § 7123(a)(1), such orders are generally excluded from judicial review unless they involve an unfair labor practice under 5 U.S.C. § 7116; this decision does not state that it involves one.

Plain-English summary

A Marine Corps logistics base union filed exceptions to an arbitration award dated June 30, 1980. The Authority’s thirty-day rule required filing by July 29, but the exceptions arrived August 5. The Authority dismissed the appeal without reviewing the award because it could not extend or waive the deadline.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Union exceptions dismissed as untimely; award merits not reviewed.
• Key point: The exceptions missed the filing deadline.

Full text (FLRA public release)

[ v04 p82 ]

04:0082(11)AR

The decision of the Authority follows:

4 FLRA No. 11

UNITED STATES MARINE CORPS,
MARINE CORPS LOGISTICS BASE
(Activity)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1482
(Union)

Case No. 0-AR-130

ORDER DISMISSING EXCEPTIONS

ON AUGUST 5, 1980, THE AMERICAN FEDERATION OF GOVERMENT EMPLOYEES,
AFL-CIO (THE UNION), FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR EDNA E.
J. FRANCIS IN THE INSTANT CASE WITH THE AUTHORITY, PURSUANT TO SECTION
2425.1 OF THE AUTHORITY'S REGULATIONS (5 C.F.R. 2425.1(1980). FOR THE
REASONS INDICATED BELOW, IT HAS BEEN DETERMINED THAT THE SUBJECT
EXCEPTIONS WERE UNTIMELY FILED AND CANNOT BE ACCEPTED FOR REVIEW.

SECTION 2425.1(B) OF THE AUTHORITY'S REGULATIONS (5 C.F.R.
2425.1(B)(1980)) PROVIDES:

THE TIME LIMIT FOR FILING AN EXCEPTION TO AN ARBITRATION AWARD IS
THIRTY (30) DAYS

BEGINNING ON THE DATE OF THE AWARD.

THE SUBJECT ARBITRATION AWARD, AS INCLUDED IN THE UNION'S SUBMISSION,
IS DATED JUNE 30, 1980. THEREFORE, UNDER SECTION 2425.1(B) OF THE
AUTHORITY'S REGULATIONS, THE UNION'S EXCEPTIONS WERE DUE IN THE OFFICE
OF THE AUTHORITY NO LATER THAN JULY 29, 1980. HOWEVER, AS STATED ABOVE,
THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL AUGUST 5,
1980. IN THIS REGARD, THE AUTHORITY IS NOT EMPOWERED TO EXTEND OR WAIVE
THE TIME LIMIT FOR FILING EXCEPTIONS TO ARBITRATORS' AWARDS.

ACCORDINGLY, AS THE UNION'S EXCEPTIONS WERE UNTIMELY FILED, AND APART
FROM OTHER CONSIDERATIONS, THE UNION'S APPEAL IS HEREBY DISMISSED.

FOR THE AUTHORITY.

ISSUED, WASHINGTON, D.C. AUGUST 25, 1980

SAMUEL A. CHAITOVITZ, EXECUTIVE DIRECTOR