National Gallery of Art and American Federation of Government Employees, Local 1831 (Authority decision, April 11, 1989)

Final FLRA decision. The Authority dismisses the Gallery'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

The National Gallery of Art filed exceptions to an arbitration award involving AFGE Local 1831. The arbitrator's award was dated January 12, 1989, and the Authority presumed service by mail that day. With the additional mailing time, the Gallery had until February 15 to file exceptions. Its hand delivered exceptions arrived February 16, and it did not answer an order to explain the delay. The Authority dismissed the exceptions as late without considering the award's merits.

Decision snapshot

• Authority: Arbitration exception deadline under former 5 C.F.R. § 2425.1(b).
• Outcome: Gallery's exceptions dismissed as untimely.
• Key point: Exceptions delivered in person one day after the calculated deadline were late.

Full text (FLRA public release)

[ v33 p859 ]
33:0859(114)AR

The decision of the Authority follows:

33 FLRA No. 114

FEDERAL LABOR RELATIONS
AUTHORITY

WASHINGTON, D.C.

NATIONAL GALLERY OF
ART

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

LOCAL 1831

0-AR-1694

ORDER

April 11, 1989

The National Gallery of Art (Agency), has filed exceptions to the award of Arbitrator Bernard Cushman in the above-referenced case. By Order dated March 14, 1989, the Authority requested the Agency to show cause why its exceptions should not be dismissed as untimely filed. The Agency did not file a response to the Authority's Order. For the reasons set out below, the Agency'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 January 12, 1989. 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 February 15, 1989 to be timely filed. The Agency's exceptions were hand-delivered on February 16, 1989.

The Agency's exceptions were not timely filed and the Agency has not responded to the Authority's Order to Show Cause. Accordingly, the Agency's exceptions are dismissed.

For the Authority.

________
Clyde B. Blandford,
Jr.
Acting Executive Director

FOOTNOTES:
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have footnotes.)