Department of Health, Education and Welfare, Social Security Administration, Southeastern Program Center, Birmingham, Alabama (Activity) and American Federation of Government Employees, Local 2206 (Union) (Authority decision, November 20, 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 Social Security Administration union filed exceptions to an arbitration award dated September 3, 1980. The Authority’s 30-day rule required filing by October 2, but the union filed on October 6. The Authority stated it lacked power to extend or waive the deadline. It dismissed the exceptions without considering whether the award was deficient.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Union exceptions dismissed as untimely; award merits not reviewed.
• Key point: The exceptions arrived after the nonwaivable 30-day deadline.

Full text (FLRA public release)

[ v04 p679 ]

04:0679(88)AR

The decision of the Authority follows:

4 FLRA No. 88

DEPARTMENT OF HEALTH, EDUCATION
AND WELFARE, SOCIAL SECURITY ADMINISTRATION,
SOUTHEASTERN PROGRAM CENTER,
BIRMINGHAM, ALABAMA
(Activity)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2206
(Union)

Case No. 0-AR-149

ORDER DISMISSING EXCEPTIONS

ON OCTOBER 6, 1980, LOCAL 2206, AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO (THE UNION), FILED EXCEPTIONS TO THE AWARD OF
ARBITRATOR HENRY B. WELCH IN THE INSTANT CASE 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 SEPTEMBER 3, 1980. THEREFORE, UNDER SECTION 2425.1(B) OF THE
AUTHORITY'S REGULATIONS, THE UNION'S EXCEPTIONS WERE DUE IN THE OFFICE
OF THE AUTHORITY NO LATER THAN OCTOBER 2, 1980. HOWEVER, AS STATED
ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL
OCTOBER 6, 1980. IN THIS RETARD, 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., NOVEMBER 20, 1980

JAMES J. SHEPARD, EXECUTIVE DIRECTOR