General Services Administration, National Capital Region (Activity) and American Federation of Government Employees, Local No. 1733 (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 General Services Administration’s National Capital Region filed exceptions to an arbitration award dated November 11, 1980. The Authority’s rules required filing within 30 days of the award, making December 10 the deadline. The union filed on December 14. The Authority stated it could not extend or waive that time limit, so it dismissed the exceptions without examining the award’s merits.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Union exceptions dismissed as untimely; award merits not reviewed.
• Key point: The filing deadline ran from the date of the arbitration award.

Full text (FLRA public release)

[ v05 p95 ]

05:0095(18)AR

The decision of the Authority follows:

5 FLRA No. 18

GENERAL SERVICES ADMINISTRATION,
NATIONAL CAPITAL REGION
(Activity)

and

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
LOCAL NO. 1733
(Union)

Case No. 0-AR-174

ORDER DISMISSING EXCEPTIONS

ON DECEMBER 14, 1980, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
LOCAL 1733 (THE UNION) FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR
ROBERT B. LUBIC 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 NOVEMBER 11, 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 DECEMBER 10, 1980. /1/ HOWEVER, AS
STATED ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY
UNTIL DECEMBER 14, 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

--------------- FOOTNOTES$ ---------------

/1/ IN THIS REGARD, THE UNION APPEARS TO ARGUE THAT THE TIME LIMIT
FOR FILING ITS EXCEPTIONS SHOULD RUN FROM NOVEMBER 25, 1980, WHEN THE
ARBITRATOR IN ESSENCE DECLINED THE UNION'S REQUEST FOR A CLARIFICATION
AND INTERPRETATION OF THE AWARD. HOWEVER, UNDER SECTION 2425.1(B) OF
THE AUTHORITY'S REGULATIONS, SET FORTH IN FULL ABOVE, THE TIME LIMIT FOR
FILING EXCEPTIONS RUNS FROM THE DATE OF THE AWARD ITSELF. ACCORDINGLY,
THE UNION'S CONTENTIONS PERTAINING TO THE COMPUTATION OF THE TIME PERIOD
FOR FILING EXCEPTIONS IN THIS CASE ARE WITHOUT MERIT.