American Federation of Government Employees, Local 147 and Social Security Administration, Palm Springs Office (Authority decision, March 26, 1979)

Final FLRA decision. The Authority denies an untimely petition for review of an arbitration award. 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 decision does not address an unfair labor practice.

Plain-English summary

AFGE Local 147 petitioned the Authority to review an arbitration award involving the Social Security Administration's Palm Springs office. The award was dated January 30, 1979. The Authority said an exception was due March 1 under the statutory 30-day limit, but the union filed on March 6. Because the Authority could not extend or waive that deadline, it denied the petition without considering the award's merits.

Decision snapshot

• Authority: 5 U.S.C. § 7122(b).
• Outcome: Petition for review denied as untimely.
• Key point: The statutory period for arbitration exceptions had expired before the petition was filed.

Full text (FLRA public release)

[ v01 p115 ]

01:0115(9)AR

The decision of the Authority follows:

1 FLRA No. 9
MARCH 26, 1979

MR. PETER B. BROIDA
SUPERVISORY TRIAL ATTORNEY
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
1325 MASSACHUSETTS AVENUE, N.W.
WASHINGTON, D.C. 20005

RE: AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
COUNCIL OF DISTRICT OFFICE LOCALS, LOCAL 147
AND DEPARTMENT OF HEALTH, EDUCATION, AND
WELFARE, SOCIAL SECURITY ADMINISTRATION, SAN
FRANCISCO REGION, PALM SPRINGS OFFICE
(LEVENTHAL, ARBITRATOR), Case No. 0-AR-14

DEAR MR. BROIDA:

THIS REFERS TO YOUR PETITION FOR REVIEW OF THE ARBITRATOR'S AWARD IN
THE ABOVE-ENTITLED CASE, FILED WITH THE AUTHORITY ON MARCH 6, 1979.

FOR THE REASONS INDICATED BELOW, IT HAS BEEN DETERMINED THAT YOUR
PETITION WAS UNTIMELY FILED AND CANNOT BE ACCEPTED FOR REVIEW.

SECTION 7112 OF THE FEDERAL LABOR-MANAGEMENT RELATIONS STATUTE (92
STAT. 1212), AS HERE PERTINENT, PROVIDES:

(A) EITHER PARTY TO ARBITRATION UNDER THIS CHAPTER MAY FILE WITH THE
AUTHORITY AN EXCEPTION

TO ANY ARBITRATOR'S AWARD PURSUANT TO ARBITRATION . . .

(B) IF NO EXCEPTION TO AN ARBITRATOR'S AWARD IS FILED UNDER
SUBSECTION (A) OF THIS SECTION

DURING THE 30-DAY PERIOD BEGINNING ON THE DATE OF SUCH AWARD, THE
AWARD SHALL BE FINAL AND

BINDING . . .

THE SUBJECT ARBITRATION AWARD IS DATED JANUARY 30, 1979. THEREFORE,
UNDER SECTION 7122(B) OF THE STATUTE, YOUR APPEAL WAS DUE IN THE OFFICE
OF THE AUTHORITY ON MARCH 1, 1979. HOWEVER, AS STATED ABOVE, YOUR
APPEAL WAS NOT FILED WITH THE AUTHORITY UNTIL MARCH 6, 1979, AND THE
AUTHORITY IS NOT EMPOWERED TO EXTEND OR WAIVE THE TIME LIMIT PRESCRIBED
BY THE CITED SECTION OF THE STATUTE.

ACCORDINGLY, AS YOUR PETITION FOR REVIEW WAS UNTIMELY FILED, AND PART
FROM OTHER CONSIDERATIONS, THE PETITION IS DENIED.

FOR THE AUTHORITY.

SINCERELY,

HAROLD D. KESSLER

DEPUTY EXECUTIVE DIRECTOR

CC: W. SCHUERHOLZ

SSA