United States Department of Agriculture, Food Safety and Quality Service and American Federation of Government Employees, National Joint Council of Meat Inspection Locals, Local 925 (Authority decision, July 13, 1979)

FLRA interlocutory decision. The Authority states that the union's arbitration petition cannot be accepted under the 30-day limit in 5 U.S.C. § 7122, but invites further submissions from the agency and the Office of Personnel Management for its deliberations. This letter does not announce a final disposition of those deliberations or a judicial-review deadline.

Plain-English summary

AFGE Local 925 sought review of an arbitration award involving USDA's Food Safety and Quality Service. The award was dated only March 1979, but the arbitrator sent it to the parties on April 2. Even using that later date, the Authority calculated that a petition was due May 1, while the union filed on May 18. It said the petition was untimely and could not be accepted. The letter also gave the agency and the Office of Personnel Management 20 days to submit material for the Authority's continuing deliberations.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a), (b).
• Outcome: Union petition found untimely; agency and OPM submissions invited.
• Key point: The petition missed the 30-day limit even if the award's transmission date controlled.

Full text (FLRA public release)

[ v01 p752 ]

01:0752(84)AR

The decision of the Authority follows:

1 FLRA No. 84
JULY 13, 1979

MR. RONALD D. KING, DIRECTOR
CONTRACT AND APPEALS DIVISION
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
1325 MASSACHUSETTS AVENUE, N.W.
WASHINGTON, D.C. 20005

RE: UNITED STATES DEPARTMENT OF AGRICULTURE,
FOOD SAFETY AND QUALITY SERVICE AND
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, NATIONAL JOINT COUNCIL OF MEAT
INSPECTION LOCALS, AFL-CIO, LOCAL 925
(CATHERWOOD, ARBITRATOR), Case No. 0-AR-21

DEAR MR. KING:

THIS REFERS TO YOUR PETITION FOR REVIEW OF THE ARBITRATOR'S AWARD IN
THE ABOVE-ENTITLED CASE, FILED WITH THE AUTHORITY ON MAY 18, 1979.

FOR THE REASONS INDICATED BELOW, IT HAS BEEN DETERMINED THAT YOUR
PETITION WAS UNTIMELY FILED AND CANNOT BE ACCEPTED FOR REVIEW.

SECTION 7122 OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
STATUTE (92 STAT.1212), AS HERE PERTINENT, PROVIDES:

(A) EITHER PARTY TO ARBITRATION UNDER THIS CHAPTER MAY FILE WITH THE
AUTHORITY AN EXCEPTION TO ANY ARBITRATOR'S AWARD PURSUANT TO ARBITRATION
. . .

(B) IF NO EXCEPTION TO AN ARBITRATOR'S AWARD IS FILED UNDER
SUBSECTION (A) OF THIS SECTION DURING THE 30-DAY PERIOD BEGINNING ON THE
DATE OF SUCH AWARD, THE AWARD SHALL BE FINAL AND BINDING . . .

THE SUBJECT ARBITRATION AWARD, AS INCLUDED IN YOUR SUBMISSION, IS
DATED ONLY "MARCH 1979." FROM DOCUMENTS SUBSEQUENTLY SUBMITTED BY THE
AGENCY IN THIS CASE, IT APPEARS THAT THE ARBITRATOR TRANSMITTED HIS
AWARD TO THE PARTIES BY LETTER DATED APRIL 2, 1979. THEREFORE, EVEN
ASSUMING THE EFFECTIVE DATE OF THE AWARD TO BE APRIL 2, 1979, ANY APPEAL
FILED BY YOU UNDER SECTION 7122 OF THE STATUTE WOULD HAVE BEEN DUE IN
THE OFFICE OF THE AUTHORITY ON MAY 1, 1979. HOWEVER, AS STATED ABOVE,
YOUR APPEAL WAS NOT FILED WITH THE AUTHORITY UNTIL MAY 18, 1979. IN
THIS REGARD, THE AUTHORITY IS NOT EMPOWERED TO EXTEND OR WAIVE THE TIME
LIMIT PRESCRIBED BY THE CITED SECTION OF THE STATUTE.

THE AGENCY, AND THE OFFICE OF PERSONNEL MANAGEMENT AS AMICUS CURIAE,
SHALL HAVE 20 DAYS FROM THE DATE OF RECEIPT OF A COPY OF THIS LETTER TO
FILE ANY SUBMISSION THAT THEY MAY WISH TO HAVE CONSIDERED BY THE
AUTHORITY IN ITS DELIBERATIONS IN THIS CASE.

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

CC: A. E. ROSS

JUSTICE

A. F. INGRASSIA

OPM