United States Military Traffic Management Command, Eastern Area, Bayonne, New Jersey (Activity) and American Federation of Government Employees, Local 2855, AFL-CIO (Union) (Authority decision, January 30, 1981)

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 union at the Military Traffic Management Command challenged an arbitration award dated October 14, 1980. The Authority’s rules set a 30-day filing period, making November 12 the deadline. The union filed its exceptions on November 17. Because the Authority could not extend or waive the deadline, it dismissed the exceptions without reviewing the merits of the award.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Union exceptions dismissed as untimely; award merits not reviewed.
• Key point: The 30-day filing period ran from the award date and could not be extended.

Full text (FLRA public release)

[ v05 p39 ]

05:0039(6)AR

The decision of the Authority follows:

5 FLRA No. 6

UNITED STATES MILITARY TRAFFIC MANAGEMENT
COMMAND, EASTERN AREA, BAYONNE, NEW JERSEY
(Activity)

and

LOCAL 2855, AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES, AFL-CIO,
(Union)

Case No. 0-AR-166

ORDER DISMISSING EXCEPTIONS

ON NOVEMBER 17, 1980, LOCAL 2855, AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, (THE UNION) FILED EXCEPTIONS TO THE AWARD OF
ARBITRATOR CLARA H. FRIEDMAN 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 OCTOBER 14, 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 NOVEMBER 12, 1980. HOWEVER, AS STATED
ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL
NOVEMBER 17, 1980. IN THIS REGARD, THE AUTHORITY IS NOT EMPOWERED TO
EXTEND OR WAIVE THE TIME LIMIT FOR FILING EXCEPTIONS TO ARBITRATOR'S
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., JANUARY 30, 1981

JAMES J. SHEPARD, EXECUTIVE DIRECTOR

CERTIFICATE OF SERVICE

COPIES OF THE AUTHORITY'S ORDER IN THE INSTANT CASE MAILED UPON
ISSUANCE TO THE FOLLOWING:

MR. JOHN J. BIANCHI

PRESIDENT, LOCAL 2855

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, AFL-CIO

MILITARY OCEAN TERMINAL

BAYONNE, NEW JERSEY 07002

MR. ALBERT J. ROGERS (W/C OF SUBJECT EXCEPTIONS)

CIVILIAN PERSONNEL OFFICER

UNITED STATES MILITARY TRAFFIC

MANAGEMENT COMMAND

EASTERN AREA

BAYONNE, NEW JERSEY 07002