Department of the Army, Civilian Personnel Office, Rock Island Arsenal and National Federation of Federal Employees (Authority decision, July 11, 1979)

Final FLRA decision. This order denies an arbitration appeal as untimely under 5 U.S.C. § 7122. The decision says an award becomes final and binding when no exception is filed within the statutory 30-day period; it does not address judicial review.

Plain-English summary

The Army sought review of a Rock Island Arsenal arbitration award involving the National Federation of Federal Employees. The supplemented award was dated March 28, 1979, making an exception due April 27 under the Authority's calculation. The Army filed on April 30. The Authority said it could not extend or waive the deadline and denied the petition without reaching the award's merits.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a), (b).
• Outcome: Petition denied as untimely; arbitration award not reviewed.
• Key point: The Authority could not accept an exception filed after the statutory 30-day period.

Full text (FLRA public release)

[ v01 p745 ]

01:0745(82)AR

The decision of the Authority follows:

1 FLRA No. 82
JULY 11, 1979

MR. CHARLES E. THOMAS, ACTING CHIEF
LABOR AND EMPLOYEE RELATIONS DIVISION
OFFICE OF THE DEPUTY CHIEF OF STAFF
FOR PERSONNEL
DEPARTMENT OF THE ARMY
WASHINGTON, D.C. 20310

RE: DEPARTMENT OF THE ARMY, CIVILIAN
PERSONNEL OFFICE, ROCK ISLAND
ARSENAL AND NATIONAL FEDERATION
OF FEDERAL EMPLOYEES (BLACKMAN,
ARBITRATOR), Case No. 0-AR-18

DEAR MR. THOMAS:

THIS REFERS TO YOUR PETITION FOR REVIEW OF THE ARBITRATOR'S AWARD IN
THE ABOVE-ENTITLED CASE, FILED WITH THE AUTHORITY ON APRIL 30, 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 SERVICE 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 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, AS SUPPLEMENTED BY THE ARBITRATOR, IS
DATED MARCH 28, 1979. THEREFORE, UNDER SECTION 7122(B) OF THE STATUTE,
YOUR APPEAL WAS DUE IN THE OFFICE OF THE AUTHORITY ON APRIL 27, 1979.
HOWEVER, AS STATED ABOVE, YOUR APPEAL WAS NOT FILED WITH THE AUTHORITY
UNTIL APRIL 30, 1919, 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 DENIED.

FOR THE AUTHORITY.

SINCERELY,

HAROLD D. KESSLER

DEPUTY EXECUTIVE DIRECTOR

CC: S. ADOLPHSON

NFFE