American Federation of Government Employees, Local 2498 (Union) and National Aeronautics and Space Administration, JFK Space Center, Florida (Activity) (Authority decision, May 5, 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 an arbitration award involving NASA’s Kennedy Space Center. The award appeared to be dated February 2, 1981, making exceptions due March 3. The union filed on March 5. The Authority dismissed the exceptions because it could not waive the filing deadline.

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 p594 ]

05:0594(77)AR

The decision of the Authority follows:

5 FLRA No. 77

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
LOCAL NO. 2498
(Union)

and

NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION,
JFK SPACE CENTER, FLORIDA
(Activity)

Case No. 0-AR-200

ORDER DISMISSING EXCEPTIONS

ON MARCH 5, 1981, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL
2498 (THE UNION) FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR SHERMAN
DALLAS 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 DATE OF THE SUBJECT ARBITRATION AWARD, AS INCLUDED IN THE UNION'S
SUBMISSION, APPEARS TO BE 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., MAY 5, 1981

JAMES J. SHEPARD, EXECUTIVE DIRECTOR