U.S. Army Corps of Engineers and IBEW Local 2080 (Authority decision, May 1, 1979)

Final FLRA decision. The Authority denies an untimely petition for review of an arbitration award. 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 address an unfair labor practice.

Plain-English summary

IBEW Local 2080 petitioned the Authority to review an arbitration award involving the U.S. Army Corps of Engineers. The award was dated February 19, 1979, and the statutory 30-day period ended March 20. The petition arrived at the Authority's Atlanta regional office on March 26 and was later transferred to its national office. The Authority said it could not extend or waive the statutory deadline and denied the petition without reviewing the award's merits.

Decision snapshot

• Authority: 5 U.S.C. § 7122(b).
• Outcome: Petition for review denied as untimely.
• Key point: The Authority could not extend or waive the 30-day deadline for exceptions to an arbitration award.

Full text (FLRA public release)

[ v01 p263 ]

01:0263(34)AR

The decision of the Authority follows:

1 FLRA No. 34
MAY 1, 1979

MR. JOHN ALLEY
ATTORNEY AT LAW
4701 HIXSON PIKE
HIXSON, TENNESSEE 37343

RE: U.S. ARMY CORPS OF ENGINEERS AND IBEW
LOCAL 2080 (KRISLOV, ARBITRATOR), Case
No. 0-AR-17

DEAR MR. ALLEY:

THIS REFERS TO YOUR PETITION FOR REVIEW OF THE ARBITRATOR'S AWARD IN
THE ABOVE-ENTITLED CASE, ERRONEOUSLY FILED WITH THE AUTHORITY'S ATLANTA
REGIONAL OFFICE ON MARCH 26, 1979, AND SUBSEQUENTLY TRANSFERRED TO THE
AUTHORITY'S NATIONAL OFFICE; AND TO THE OPPOSITIONS FILED BY THE
DEPARTMENT OF THE ARMY ON APRIL 20 AND 25, 1979.

FOR THE REASONS INDICATED BELOW, IT HAS BEEN DETERMINED THAT YOUR
PETITION WAS UNTIMELY FILED AND CANNOT BE ACCEPTED FOR REVIEW.

SECTION 7122 OF THE FEDERAL LABOR-MANAGEMENT RELATIONS STATUTE (92
STAT. 1212), AS HERE PERTINENT, PROVIDES:

(A) EITHER PARTY TO ARBITRATION UNDER THIS CHAPTER MAY FILE WITH THE
AUTHORITY AN EXCEPTION

TO ANY ARBITRATOR'S AWARD PURSUANT TO THE ARBITRATION . . .

(B) IF NO EXCEPTION TO AN ARBITRATOR'S AWARD IS FILED UNDER
SUBSECTION (A) OF THIS SECTION

DURING THE 30-DAY PERIOD BEGINNING ON THE DATE OF SUCH AWARD, THE
AWARD SHALL BE FINAL AND

BINDING . . .

THE SUBJECT ARBITRATION AWARD IS DATED FEBRUARY 19, 1979. THEREFORE,
UNDER SECTION 7122(B) OF THE STATUTE, YOUR APPEAL WAS DUE IN THE
NATIONAL OFFICE OF THE AUTHORITY ON MARCH 20, 1979. HOWEVER, AS STATED
ABOVE, YOUR APPEAL WAS NOT FILED WITH THE AUTHORITY'S ATLANTA REGIONAL
OFFICE UNTIL MARCH 26, 1979, AND THE AUTHORITY IS NOT EMPOWERED TO
EXTEND OR WAIVE THE TIME LIMIT PRESCRIBED BY THE CITED SECTION OF THE
STATUTE.

ACCORDINGLY, AS YOUR PETITION FOR REVIEW WAS UNTIMELY FILED, AND
APART FROM OTHER CONSIDERATIONS, THE PETITION IS HEREBY DENIED.

FOR THE AUTHORITY.

SINCERELY,

HAROLD D. KESSLER

DEPUTY EXECUTIVE DIRECTOR

CC: W. T. HILL

C. E. THOMAS

ARMY