Internal Revenue Service, Philadelphia Service Center (Activity) and National Treasury Employees Union, Chapter 71 (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 Philadelphia IRS service center filed exceptions to an arbitration award and asked the Authority to stay it. The award was dated July 17, 1980, making August 15 the filing deadline under the Authority’s rule. The agency filed on August 20. The Authority dismissed both requests as late without reviewing the award.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Agency exceptions and stay request dismissed as untimely.
• Key point: The Authority could not extend the thirty-day filing limit.

Full text (FLRA public release)

[ v04 p97 ]

04:0097(16)AR

The decision of the Authority follows:

4 FLRA No. 16

INTERNAL REVENUE SERVICE,
PHILADELPHIA SERVICE CENTER
(Activity)

and

NATIONAL TREASURY EMPLOYEES
UNION, CHAPTER 71
(Union)

Case No. 0-AR-134

ORDER DISMISSING EXCEPTIONS

ON AUGUST 20, 1980, THE INTERNAL REVENUE SERVICE (THE ACTIVITY),
FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR JAMES P. WHYTE IN THE
INSTANT CASE WITH THE AUTHORITY, PURSUANT TO SECTION 2425.1 OF THE
AUTHORITY'S REGULATIONS (5 C.F.R. 2425.1(1980)). THE ACTIVITY ALSO
REQUESTED A STAY OF THE AWARD. 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 ACTIVITY'S
SUBMISSION, IS DATED JULY 17, 1980. THEREFORE, UNDER SECTION 2425.1(B)
OF THE AUTHORITY'S REGULATIONS, THE ACTIVITY'S EXCEPTIONS WERE DUE IN
THE OFFICE OF THE AUTHORITY NO LATER THAN AUGUST 15, 1980. HOWEVER, AS
STATED ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY
UNTIL AUGUST 20, 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 ACTIVITY'S EXCEPTIONS WERE UNTIMELY FILED, AND
APART FROM OTHER CONSIDERATIONS, THE ACTIVITY'S APPEAL AND REQUEST FOR A
STAY ARE HEREBY DISMISSED.

FOR THE AUTHORITY.

ISSUED, WASHINGTON, D.C., AUGUST 29, 1980

SAMUEL A. CHAITOVITZ, EXECUTIVE DIRECTOR