U.S. Department of Veterans Affairs Medical Center, Jackson and NFFE Local 589 (Authority decision, January 25, 1991)

Final FLRA decision. The Authority dismisses untimely exceptions to an arbitral award. Under 5 U.S.C. § 7123(a)(1), an Authority order involving an arbitral award is generally excluded from judicial review unless it involves an unfair labor practice under 5 U.S.C. § 7116. This decision does not resolve an unfair labor practice.

Plain-English summary

The Jackson VA Medical Center sent exceptions to an arbitrator's award to an FLRA regional office instead of the Authority's Docket Room. The regional office received and forwarded them before the filing deadline, but the Docket Room did not receive them until two days after the deadline. The Authority held that filing in a regional office did not satisfy the rule requiring submission to the Docket Room. Because it could not extend or waive the deadline, it dismissed the agency's exceptions without reviewing the award.

Decision snapshot

• Authority: Arbitration exception deadline and filing location under 5 C.F.R. §§ 2425.1(b) and 2429.24(a).
• Outcome: Agency exceptions dismissed as untimely.
• Key point: Sending exceptions to an FLRA regional office did not count as timely filing in the Authority's Docket Room.

Full text (FLRA public release)

[ v39 p11 ]

39:0011(2)AR

The decision of the Authority follows:

39 FLRA NO. 2
39 FLRA 11

25 JAN 1991

U.S. DEPARTMENT OF VETERANS AFFAIRS
MEDICAL CENTER
JACKSON, MISSISSIPPI
(Agency)

and

NATIONAL FEDERATION OF FEDERAL EMPLOYEES LOCAL 589 (Union)

0-AR-2048

ORDER DISMISSING EXCEPTIONS

The Agency has filed exceptions to the award of Arbitrator Samuel J. Nicholas, Jr. in the above-captioned case. The Agency's exceptions are untimely and must be dismissed.

The time limit for filing exceptions to an arbitration award is 30 days beginning on the date the award is served on the filing party. 5 C.F.R. 2425.1(b). The date of service is the date the arbitration award is deposited in the U.S. mail or is delivered in person. 5 C.F.R. 2429.27(d). Absent evidence to the contrary, the date of the arbitration award is presumed to be the date of service of the award. See Oklahoma City Air Logistics Center, Tinker Air Force Base, Oklahoma and American Federation of Government Employees, Local No. 916, 32 FLRA 165, 167 (1988). If the award is served by mail, 5 days are added to the period for filing exceptions to the award. 5 C.F.R. 2429.22. The time limit may not be extended or waived by the Authority. 5 C.F.R. 2429.23(d). All documents filed with the Authority must be filed in the Authority's Docket Room, 500 C Street, SW., Washington, D.C. 20424. 5 C.F.R. 2429.24(a).

Exceptions to an arbitrator's award may not be filed in a Regional Office, but must be filed in the Authority's Docket Room. 5 C.F.R. 2429.24(a). See U.S. Department of Defense, Defense Logistics Agency, Defense Depot, Memphis, Tennessee and American Federation of Government Employees, Local 2501, 33 FLRA 866 (1989).

The Arbitrator's transmittal letter, bill, and award are dated December 10, 1990. However, the Agency asserts in its exceptions that the award was "served" on the Agency on December 11, 1991. Presuming that the award was deposited by the Arbitrator in the U.S. mail on December 11, 1990, as alleged by the Agency, an exception to the award had to be either postmarked by the U.S. Postal Service or received in person at the Authority's Docket Room no later than January 14, 1991, in order to be considered timely. 5 C.F.R. 2425.1(b), 2429.21(b) and 2429.22. 1

The Agency's exceptions are dated January 9, 1991, and addressed to the Authority's Atlanta Regional Office. The Regional Office received the Agency's exceptions by mail on January 11, 1991, and forwarded the exceptions by mail to the Authority's Docket Room on the same day after having notified the Agency by telephone of the misfiling. The Agency's exceptions were received and considered filed in the Authority's Docket Room on January 16, 1991.

The Agency's exceptions were not filed in the Authority's Docket Room within the prescribed time limit. As the time limit may not be extended or waived by the Authority, the Agency's exceptions are dismissed.

For the Authority.

Alicia N. Columna
Director, Case Control Office

FOOTNOTES

Footnote 1 Presuming the Arbitrator's award was served on December 10, 1990, as indicated on the Arbitrator's transmittal letter, the due date for filing a timely exception would continue to be January 14, 1991.