William S. Middleton Memorial Veterans Administration Hospital (Activity) and American Federation of Government Employees, Local 1732, AFL-CIO (Union) (Authority decision, August 29, 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 VA hospital union sought review of an arbitration award dated June 13, 1980. Its exceptions were first sent to the Federal Mediation and Conciliation Service after the July 14 deadline and reached the Authority on August 14. The Authority could not waive the filing limit and dismissed the exceptions without reviewing the award.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Union exceptions dismissed as untimely; award merits not reviewed.
• Key point: Filing with another service did not meet the Authority’s deadline.

Full text (FLRA public release)

[ v04 p96 ]

04:0096(15)AR

The decision of the Authority follows:

4 FLRA No. 15

WILLIAM S. MIDDLETON MEMORIAL
VETERANS ADMINISTRATION HOSPITAL
(Activity)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1732, AFL-CIO
(Union)

Case No. 0-AR-132

ORDER DISMISSING EXCEPTIONS

ON AUGUST 14, 1980, LOCAL 1732, AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO (THE UNION), FILED EXCEPTIONS TO THE AWARD OF
ARBITRATOR EDWARD E. HALES IN THE INSTANT CASE WITH THE AUTHORITY, WHICH
EXCEPTIONS APPEAR TO HAVE BEEN PREVIOUSLY MISFILED WITH THE FEDERATION
MEDIATION AND CONCILIATION SERVICE (FMCS) ON JULY 16, 1980. THE
EXCEPTIONS WERE FILED 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 13, 1980. THEREFORE, UNDER SECTION 2425.1(B) OF THE
AUTHORITY'S REGULATIONS, THE UNION'S EXCEPTIONS WERE DUE IN THE OFFICE
OF AUTHORITY NO LATER THAN JULY 14, 1980. HOWEVER, AS STATED ABOVE, THE
SUBJECT EXCEPTIONS, MISFILED WITH THE FMCS ON JULY 16, 1980, WERE NOT
FILED WITH THE AUTHORITY UNTIL AUGUST 14, 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 29, 1980

SAMUEL A. CHAITOVITZ, EXECUTIVE DIRECTOR