Department of the Air Force, Keesler Technical Training Center (ATC), Keesler Air Force Base, Mississippi (Activity) and National Federation of Federal Employees (Union) (Authority decision, March 30, 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 filed exceptions to an arbitration award concerning Keesler Air Force Base. The award was dated February 2, 1981, making the exceptions due March 3 under the Authority’s 30-day filing rule. The union filed on March 5. The Authority dismissed the exceptions as untimely without reviewing the award.

Decision snapshot

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

Full text (FLRA public release)

[ v05 p451 ]

05:0451(56)AR

The decision of the Authority follows:

5 FLRA No. 56

DEPARTMENT OF THE AIR
FORCE, KEESLER TECHNICAL
TRAINING CENTER (ATC), KEESLER
AIR FORCE BASE, MISSISSIPPI
(Activity)

and

NATIONAL FEDERATION OF
FEDERAL EMPLOYEES
(Union)

Case No. 0-AR-199

ORDER DISMISSING EXCEPTIONS

ON MARCH 5, 1981, THE NATIONAL FEDERATION OF FEDERAL EMPLOYEES (THE
UNION) FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR LEONARD OPPENHEIM 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 FEBRUARY 2, 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 MARCH 3, 1981. HOWEVER, AS STATED ABOVE,
THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL MARCH 5,
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., MARCH 30, 1981

JAMES J. SHEPARD, EXECUTIVE DIRECTOR