U.S. Department of Defense, Defense Logistics Agency, Defense Depot Memphis and American Federation of Government Employees, Local 2501 (Authority decision, June 26, 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

AFGE Local 2501 challenged an arbitration award involving the Defense Logistics Agency's Memphis depot. The award was dated April 8, 1989, and the Authority calculated a May 15 deadline for exceptions. The union mailed its exceptions to the Authority's Atlanta regional office on May 12. That office forwarded them, but the Washington docket room did not receive them until May 22. Because exceptions had to be filed in the Washington docket room by the deadline, the Authority dismissed them as late without reaching the merits.

Decision snapshot

• Authority: Arbitration exception deadline under former 5 C.F.R. § 2425.1(b) and filing location under § 2429.24(a).
• Outcome: Union's exceptions dismissed as untimely.
• Key point: Mailing arbitration exceptions to a regional office did not file them with the Authority's Washington docket room.

Full text (FLRA public release)

[ v33 p866 ]
33:0866(118)AR

The decision of the Authority follows:

33 FLRA No. 118

FEDERAL LABOR RELATIONS
AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF
DEFENSE

DEFENSE LOGISTICS
AGENCY

DEFENSE DEPOT

MEMPHIS, TENNESSEE

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

LOCAL 2501

0-AR-1736

ORDER DISMISSING
EXCEPTIONS

June 26, 1989

The American Federation of Government Employees, Local 2501 (Union) has filed exceptions to the award of Arbitrator Paul Barron in the above-referenced case. The Union's exceptions are untimely and must be dismissed.

The time limit for filing exceptions to an arbitration award is 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). 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). If the award is served by mail, 5 days are added to the period for filing exceptions to the award. 5 C.F.R. § 2429.22. The time limit may not be extended or waived by the Authority. 5 C.F.R. § 2429.23(d). All documents filed with the Authority must be filed in the Authority's Docket Room, 500 C Street, SW., Washington, D.C. 20424. 5 C.F.R. § 2429.24(a).

The Arbitrator's award is dated April 8, 1989. Presuming that the award was deposited in the U.S. mail on that date, an exception to the award had to be either postmarked by the U.S. Postal Service or received in person at the Authority's Docket Room no later than May 15, 1989 in order to be considered timely. 5 C.F.R. §§ 2425.1(b), 2429.21(b) and 2429.22.

The Union mailed its exceptions to the Authority's Atlanta Regional Office on May 12, 1989. The Regional Office forwarded the Union's exceptions to the Authority's Docket Room on May 17, 1989. The Union's exceptions were received in the Authority's Docket Room on May 22, 1989.

Exceptions to an arbitrator's award may not be filed in a Regional Office but must be filed in the Authority's Docket Room. 5 C.F.R. § 2429.24(a). See Veterans Administration Medical Center, Gainesville, Florida and American Federation of Government Employees, Local 2779, 31 FLRA 1108 (1988).

Accordingly, as the Union's exceptions were not filed in the Authority's Docket Room within the prescribed time limit, the Union's exceptions are dismissed as untimely filed.

For the Authority.

________
Clyde B. Blandford,
Jr.
Acting Executive Director

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