Internal Revenue Service, Pittsburgh District (Activity) and National Treasury Employees Union, Chapter 71 (Union) (Authority decision, April 21, 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

The IRS challenged an arbitration award involving its Pittsburgh District. The award was dated December 17, 1980, making exceptions due January 15, 1981. The agency filed on January 21. The Authority dismissed the exceptions as untimely and did not review the award.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Agency arbitration exceptions dismissed as untimely.
• Key point: The exceptions filing period could not be waived.

Full text (FLRA public release)

[ v05 p541 ]

05:0541(65)AR

The decision of the Authority follows:

5 FLRA No. 65

INTERNAL REVENUE SERVICE,
PITTSBURGH DISTRICT
(Activity)

and

NATIONAL TREASURY EMPLOYEES
UNION, CHAPTER 71
(Union)

Case No. 0-AR-188

ORDER DISMISSING EXCEPTIONS

ON JANUARY 21, 1981, THE INTERNAL REVENUE SERVICE (THE AGENCY) FILED
EXCEPTIONS TO THE AWARD OF ARBITRATOR HERBERT FISHGOLD 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 AGENCY'S
SUBMISSION, IS DATED DECEMBER 17, 1980. THEREFORE, UNDER SECTION
2425.1(B) OF THE AUTHORITY'S REGULATIONS, THE AGENCY'S EXCEPTIONS WERE
DUE IN THE OFFICE OF THE AUTHORITY NO LATER THAN JANUARY 15, 1981.
HOWEVER, AS STATED ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE
AUTHORITY UNTIL JANUARY 21, 1981. 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 AGENCY'S EXCEPTIONS WERE UNTIMELY FILED, AND
APART FROM OTHER CONSIDERATIONS, THE AGENCY'S APPEAL IS HEREBY
DISMISSED.

FOR THE AUTHORITY.

ISSUED, WASHINGTON, D.C., APRIL 21, 1981

JAMES J. SHEPARD, EXECUTIVE DIRECTOR