The Georgia Air National Guard, Dobbins Air Force Base, Marietta, Georgia (Activity) and The Georgia Association of Civilian Technicians, ACT, Inc. (Union) (Authority decision, October 31, 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

The Georgia Association of Civilian Technicians filed exceptions to an arbitration award dated September 7, 1980. The Authority’s 30-day rule set October 6 as the filing deadline, but the union filed on October 7. The Authority stated that it could not extend or waive that deadline. It dismissed the exceptions without reviewing the award’s merits.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Union exceptions dismissed as untimely; award merits not reviewed.
• Key point: Filing one day after the deadline prevented Authority review.

Full text (FLRA public release)

[ v04 p533 ]

04:0533(72)AR

The decision of the Authority follows:

4 FLRA No. 72

THE GEORGIA AIR NATIONAL GUARD,
DOBBINS AIR FORCE BASE, MARIETTA, GEORGIA
(Activity)

and

THE GEORGIA ASSOCIATION OF CIVILIAN
TECHNICIANS, ACT, INC.
(Union)

Case No. 0-AR-152

ORDER DISMISSING EXCEPTIONS

ON OCTOBER 7, 1980, THE GEORGIA ASSOCIATION OF CIVILIAN TECHNICIANS,
ACT, INC. (THE UNION) FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR DONALD
P. CRANE 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 7, 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 6, 1980. HOWEVER, AS STATED
ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL
OCTOBER 7, 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., OCTOBER 31, 1980

HAROLD D. KESSLER, ACTING EXECUTIVE DIRECTOR