National Treasury Employees Union (Union) and Internal Revenue Service (Agency) (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

The National Treasury Employees Union filed exceptions to an IRS arbitration award dated September 19, 1980. The Authority’s 30-day rule made October 20 the deadline, but the union filed on October 23. The Authority said it could not extend or waive that limit. 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: The arbitration filing limit could not be waived after its deadline.

Full text (FLRA public release)

[ v04 p680 ]

04:0680(89)AR

The decision of the Authority follows:

4 FLRA No. 89

NATIONAL TREASURY EMPLOYEES UNION
(Union)

and

INTERNAL REVENUE SERVICE
(Agency)

Case No. 0-AR-160

ORDER DISMISSING EXCEPTIONS

ON OCTOBER 23, 1980, THE NATIONAL TREASURY EMPLOYEES UNION (THE
UNION) FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR JOHN KAGEL 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 19, 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 20, 1980. HOWEVER, AS STATED
ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL
OCTOBER 23, 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. NOVEMBER 20, 1980

JAMES J. SHEPARD, EXECUTIVE DIRECTOR