U.S. Department of the Navy, Navy Aviation Depot, Norfolk, Virginia and International Association of Machinists and Aerospace Workers, Local Lodge 39 (Authority decision, March 3, 1989)

Final FLRA decision. The Authority dismisses the union's exceptions to an arbitration award as untimely. 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

Machinists Local Lodge 39 filed exceptions to an arbitration award involving the Navy Aviation Depot in Norfolk. The award was dated November 7, 1988, yielding a December 12 deadline under the Authority's service and mail rules. The union said it received the award on November 20, which, even if proven as the relevant date, would yield a December 19 deadline. Its exceptions were postmarked December 27. The Authority dismissed them as late under either calculation without considering the award's merits.

Decision snapshot

• Authority: Arbitration exception deadline under former 5 C.F.R. § 2425.1(b).
• Outcome: Union's exceptions dismissed as untimely.
• Key point: The exceptions missed even the later deadline calculated from the union's claimed receipt date.

Full text (FLRA public release)

[ v33 p851 ]
33:0851(110)AR

The decision of the Authority follows:

33 FLRA No. 110

FEDERAL LABOR RELATIONS
AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF THE
NAVY

NAVY AVIATION DEPOT

NORFOLK, VIRGINIA

and

INTERNATIONAL ASSOCIATION OF MACHINISTS
AND

AEROSPACE WORKERS

LOCAL LODGE 39

0-AR-1665

ORDER

March 3, 1989

The International Association of Machinists and Aerospace Workers (Union), has filed exceptions to the award of Arbitrator Robert W. Foster in the above-referenced case. The Union's exceptions are untimely and must be dismissed.

The time limit for filing an exception to an arbitration award is "thirty (30) days beginning on the date the award is served on the filing party." 5 C.F.R. § 2425.1(b). The date of service is the date the arbitration award is deposited in the U.S. mail or is delivered in person. 5 C.F.R. § 2429.27(d). If the arbitration award is served by mail, 5 days are added to the 30-day period for filing exceptions. 5 C.F.R. § 2429.22. Absent evidence to the contrary, the date of the arbitration award is presumed to be the date of service of the award. See Oklahoma City Air Logistics Center, Tinker Air Force Base, Oklahoma and American Federation of Government Employees, Local No. 916, 32 FLRA 165, 167 (1988); and U.S. Department of Labor, Mine Safety and Health Administration and National Council of Field Labor Locals, American Federation of Government Employees, 32 FLRA 302, 304 (1988).

The Arbitrator's award is dated November 7, 1988. Presuming that the award was deposited in the U.S. mail on that date, an exception to the award had to be postmarked by the U.S. Postal Service or received in person at the Authority no later than December 12, 1988 to be timely filed. The Union claims that it did not receive the Arbitrator's award until November 20, 1988. Even if this receipt date was substantiated with proof of service, the Union's exceptions would have had to be filed by December 19, 1988. The Union's exceptions were postmarked on December 27, 1988. Therefore, the Union's exceptions are untimely based on either the date of the Arbitrator's award or the date on which the Union states that it received the award.

Accordingly, the Union's exceptions are
dismissed.

For the Authority.

__________
Clyde B. Blandford, Jr.

Acting Executive Director

FOOTNOTES:
(If blank, the decision does not
have footnotes.)