U.S. Forest Service, Shasta-Trinity National Forest and National Federation of Federal Employees, Local 1771 (Authority decision, October 21, 1987)

Final FLRA decision. The Authority dismisses an employee's exceptions to an arbitration award after he fails to correct filing deficiencies within the time allowed. 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 decide an unfair labor practice.

Plain-English summary

An employee at the Shasta-Trinity National Forest filed exceptions to an arbitration award. The Authority told him that the filing lacked a legible copy of the award, the arbitrator's name and address, and evidence that he could file as a party or on behalf of NFFE Local 1771. It gave him ten days to correct those defects. No correction arrived within the allowed time, so the Authority dismissed the exceptions without reviewing the award's merits.

Decision snapshot

• Authority: Arbitration exception filing requirements under 5 C.F.R. § 2425.2(d) and (e).
• Outcome: Exceptions dismissed for failure to correct procedural defects.
• Key point: The filer did not supply required award materials or proof of authority after notice and an opportunity to cure.

Full text (FLRA public release)

[ v29 p1038 ]
29:1038(75)AR

The decision of the Authority follows:

29 FLRA NO. 75

U.S. FOREST SERVICE,
SHASTA-TRINITY NATIONAL FOREST

Activity

and

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 1771

Union

Case No. 0-AR-1426

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions filed September 8, 1987 to the award of Arbitrator John F. Oldfield by Mr. Roger W. Archibald, the grievant, in the above-entitled case. For the reasons stated below, the exceptions must be dismissed.

By Authority letter dated September 24, 1987, Mr. Archibald was informed that the exceptions were deficient in meeting the requirements of section 2425.2(d) and (e) of the Authority's rules which requires a legible copy of the award of the arbitrator and his name and address. Additionally, Mr. Archibald was asked to furnish evidence which established that he participated as a "party" in the proceedings or that he had been authorized by the Union to file the instant exceptions on its behalf. Mr. Archibald was informed of the specific actions necessary to comply and complete the appeal and was granted 10 days in which to do so. Finally, he was advised that failure to comply with the cited requirements within the time limit provided could result in dismissal of the exceptions.

No submission to remedy the cited deficiencies of the instant appeal has been made within the time limit provided. Accordingly, and apart from other considerations, the exceptions are hereby dismissed for failure to comply with the Authority's rules of procedure.

For the Authority.

Issued, Washington, D.C., October 21, 1987.

Harold D. Kessler
Director of Case Management