Veterans Administration Medical Center, Houston, Texas (Activity) and American Federation of Government Employees, Local 1633 (Union) (Authority decision, February 10, 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 Houston VA medical center challenged an arbitration award dated October 7, 1980. Under the Authority’s 30-day rule, exceptions were due November 5, but the union filed on November 21. The Authority explained that it lacked power to extend or waive the deadline. It dismissed the appeal without reviewing whether the arbitrator’s award was deficient.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Union exceptions dismissed as untimely; award merits not reviewed.
• Key point: Late arbitration exceptions could not be accepted for review.

Full text (FLRA public release)

[ v05 p94 ]

05:0094(17)AR

The decision of the Authority follows:

5 FLRA No. 17

VETERANS ADMINISTRATION MEDICAL CENTER,
HOUSTON, TEXAS
(Activity)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1633
(Union)

Case No. 0-AR-168

ORDER DISMISSING EXCEPTIONS

ON NOVEMBER 21, 1980, LOCAL 1633, AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO (THE UNION) FILED EXCEPTIONS TO THE AWARD OF
ARBITRATOR ERNEST E. MARLATT 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 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 NOVEMBER 5, 1980. HOWEVER, AS STATED
ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL
NOVEMBER 21, 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., FEBRUARY 10, 1981

JAMES J. SHEPARD, EXECUTIVE DIRECTOR