American Federation of Government Employees, AFL-CIO, Local 3031 (Union) and Social Security Administration, United States Government (Activity) (Authority decision, May 14, 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 Social Security arbitration award dated January 6, 1981. The exceptions were due February 4 but were filed February 5. The Authority held that it could not extend or waive the filing limit and dismissed the exceptions without reviewing the award.

Decision snapshot

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

Full text (FLRA public release)

[ v05 p602 ]

05:0602(81)AR

The decision of the Authority follows:

5 FLRA No. 81

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, AFL-CIO,
LOCAL 3031
(Union)

and

SOCIAL SECURITY ADMINISTRATION,
UNITED STATES GOVERNMENT
(Activity)

Case No. 0-AR-193

ORDER DISMISSING EXCEPTIONS

ON FEBRUARY 5, 1981, THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
AFL-CIO (THE UNION) FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR MARSHALL
L. GRATZ IN THE INSTANT CASE WITH THE AUTHORITY, PURSUANT TO SECTION
2425.1 OF THE AUTHORITY'S RULES AND 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 JANUARY 6, 1981. 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 FEBRUARY 4, 1981. HOWEVER, AS STATED
ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL
FEBRUARY 5, 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 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., MAY 14, 1981

JAMES J. SHEPARD, EXECUTIVE DIRECTOR