American Federation of Government Employees, Local 2006 and Social Security Administration, Mid-Atlantic Program Service Center, Philadelphia, Pennsylvania (Authority decision, May 12, 1987)

Final FLRA decision. The Authority dismisses the union’s arbitration exceptions because it did not supply a legible copy of the award after notice and an opportunity to cure. 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 under 5 U.S.C. § 7116. This decision does not state that it involves one.

Plain-English summary

The union challenged an arbitration award involving the SSA’s Mid-Atlantic Program Service Center. The Authority notified it that the exceptions lacked the legible copy of the award required by its rules and gave it 13 days to correct the filing. The union made no submission within that period. The Authority dismissed the exceptions for failure to comply with the filing rule, without reaching their merits.

Decision snapshot

• Authority: Arbitration filing rule under 5 C.F.R. § 2425.2(d).
• Outcome: Union’s exceptions dismissed for failure to provide a legible award copy.
• Key point: A party filing arbitration exceptions had to provide the required award copy after being given a chance to cure.

Full text (FLRA public release)

[ v27 p26 ]

27:0026(5)AR

The decision of the Authority follows:

27 FLRA No. 5

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2006, (AFL-CIO)
Union

and

SOCIAL SECURITY ADMINISTRATION,
MID-ATLANTIC PROGRAM SERVICE
CENTER, PHILADELPHIA, PA
Activity

Case No. 0-AR-1308
(McMullen, Arbitrator)

ORDER DISMISSING EXCEPTIONS

This case is before the Authority pursuant to section 7105(a)(2)(E) of the Federal Service Labor-Management Relations Statute and section 2425.1 of the Authority's Rules and Regulations on exceptions to the award of Arbitrator James W. McMullen filed by the Union. For the reasons indicated below, it has been determined that the Union's exceptions must be dismissed.

By Authority letter dated April 10, 1987, the Union was informed that examination of its exceptions disclosed an apparent deficiency in meeting the requirements of the Authority's rules of procedure. Specifically, as was noted in the Authority's letter, the Union's exceptions failed to comply with section 2425.2(d) of the Authority's rules which requires that a legible copy of the award of the arbitrator must be set forth in the Union's exceptions.

The Union was informed of the specific action it had to take to comply and complete the appeal, and was granted 13 days in which to take that action. The Union was advised that further processing of the exceptions was contingent upon compliance with the cited provision of the Authority's Regulations and was put on notice that failure to comply within the time limit provided could result in dismissal of the exceptions.

The Union has made no submission within the time limit provided. Accordingly, the Union's exceptions are hereby dismissed for failure to comply with the Authority's Regulations.

For the Authority

Issued, Washington, D.C., May 12, 1987.
/s/ Harold D. Kessler
Harold D. Kessler
Director of Case Management