National Association of Government Employees, Local R14-87 (Union) and The Adjutant General of Kansas, Kansas Army National Guard (Activity) (Authority decision, May 4, 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 Kansas Army National Guard arbitration award dated February 24, 1981. Its exceptions were due March 25 but were filed March 26. The Authority dismissed them as untimely without considering the award’s merits.

Decision snapshot

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

Full text (FLRA public release)

[ v05 p577 ]

05:0577(73)AR

The decision of the Authority follows:

5 FLRA No. 73

NATIONAL ASSOCIATION OF
GOVERNMENT EMPLOYEES, LOCAL R14-87
(Union)

and

THE ADJUTANT GENERAL OF KANSAS,
KANSAS ARMY NATIONAL GUARD
(Activity)

Case No. 0-AR-209

ORDER DISMISSING EXCEPTIONS

ON MARCH 26, 1981, THE NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES,
LOCAL R14-87 (THE UNION) FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR
ROBERT V. PENFIELD 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 24, 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 25, 1981. HOWEVER, AS STATED
ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL
MARCH 26, 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 4, 1981

JAMES J. SHEPARD, EXECUTIVE DIRECTOR