Hawaii Federal Employees Metal Trades Council, AFL-CIO (Union) and Pearl Harbor Naval Shipyard (Activity) (Authority decision, April 29, 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 challenged a Pearl Harbor Naval Shipyard arbitration award dated December 20, 1980. Its exceptions were due January 19, 1981, but were filed January 22. The Authority dismissed the exceptions as untimely and did not review the award.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Arbitration exceptions dismissed as untimely.
• Key point: The exceptions deadline could not be extended.

Full text (FLRA public release)

[ v05 p553 ]

05:0553(69)AR

The decision of the Authority follows:

5 FLRA No. 69

HAWAII FEDERAL EMPLOYEES METAL
TRADES COUNCIL, AFL-CIO
(Union)

and

PEARL HARBOR NAVAL SHIPYARD
(Activity)

Case No. 0-AR-189

ORDER DISMISSING EXCEPTIONS

ON JANUARY 22, 1981, THE REPRESENTATIVE OF THE HAWAII FEDERAL
EMPLOYEES METAL TRADES COUNCIL (THE UNION) FILED EXCEPTIONS TO THE AWARD
OF ARBITRATOR THOMAS Q. GILSON 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 DECEMBER 20, 1980. THEREFORE, UNDER SECTIONS 2425.1(B) AND
2429.21 OF THE AUTHORITY'S REGULATIONS, THE UNION'S EXCEPTIONS WERE DUE
IN THE OFFICE OF THE AUTHORITY NO LATER THAN JANUARY 19, 1981. HOWEVER,
AS STATED ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE
AUTHORITY UNTIL JANUARY 22, 1981. IN THIS REGARD, THE AUTHORITY IS NOT
EMPOWERED TO EXTEND OR WAIVE THE TIME LIMIT FOR FILING EXCEPTIONS TO
ARBITRATORS' 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., APRIL 29, 1981

JAMES J. SHEPARD, EXECUTIVE DIRECTOR