Department of the Air Force, Scott Air Force Base, Illinois and Local R7-23, National Association of Government Employees (Authority decision, June 24, 1982)

Final FLRA decision. This is a final Authority order concerning exceptions to an arbitration award. The arbitration exclusion in 5 U.S.C. § 7123(a)(1) generally limits judicial review of Authority orders involving arbitral awards.

Plain-English summary

The Authority had dismissed the union's exceptions to an arbitration award because they were filed two days late. The union asked for reconsideration, arguing that a rule adding five days after service by mail should extend the deadline. The Authority held that the exceptions deadline ran from the date of the award, not from service of a document, so the mail rule did not apply. It denied reconsideration and left the dismissal in place. This order decided the filing deadline and did not review the arbitration award's merits.

Decision snapshot

• Authority: 5 U.S.C. § 7122(b); 5 C.F.R. §§ 2425.1(b) and 2429.22.
• Outcome: Reconsideration denied; late arbitration exceptions remained dismissed.
• Key point: The filing period for arbitration exceptions began on the award date, so the additional mailing days did not apply.

Full text (FLRA public release)

[ v05 p3 ]

05:0003(1)RO

The decision of the Authority follows:

5 FLRA No. 1

DEPARTMENT OF THE AIR FORCE,
SCOTT AIR FORCE BASE, ILLINOIS
(Activity)

and

LOCAL R7-23, NATIONAL ASSOCIATION
OF GOVERNMENT EMPLOYEES
(Union)

Case No. 0-AR-210
(5 FLRA NO. 68)

ORDER DENYING REQUEST FOR RECONSIDERATION

THIS CASE IS BEFORE THE AUTHORITY FOR RULING ON A REQUEST FILED BY
THE UNION SEEKING RECONSIDERATION OF THE AUTHORITY'S ORDER OF APRIL 29,
1981, DISMISSING THE UNION'S EXCEPTIONS TO THE ARBITRATOR'S AWARD AS
UNTIMELY FILED (5 FLRA NO. 68(1981)).

IN THE INSTANT CASE, THE SUBJECT ARBITRATION AWARD WAS DATED FEBRUARY
23, 1981. THUS, UNDER SECTION 7122(B) OF THE FEDERAL SERVICE
LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C. 7122(B)) AND SECTION
2425.1(B) OF THE AUTHORITY'S RULES AND REGULATIONS, THE UNION'S
EXCEPTIONS WERE DUE IN THE OFFICE OF THE AUTHORITY NO LATER THAN MARCH
24, 1981, BUT WERE NOT FILED WITH THE AUTHORITY UNTIL MARCH 26, 1981.
AS WAS NOTED IN THE AUTHORITY'S ORDER DISMISSING THE EXCEPTIONS, THE
AUTHORITY IS NOT EMPOWERED TO EXTEND OR WAIVE THE TIME LIMIT FOR FILING
EXCEPTIONS TO ARBITRATORS' AWARDS.

IN THE REQUEST FOR RECONSIDERATION, THE UNION ARGUES THAT SECTION
2429.22 OF THE AUTHORITY'S RULES AND REGULATIONS SHOULD BE APPLIED TO
THE TIME LIMIT FOR FILING EXCEPTIONS TO ARBITRATION AWARDS. SECTION
2429.22 STATES:

WHENEVER A PARTY HAS THE RIGHT OR IS REQUIRED TO DO SOME ACT PURSUANT
TO THIS SUBCHAPTER

WITHIN A PRESCRIBED PERIOD AFTER SERVICE OF A NOTICE OR OTHER PAPER
UPON SUCH PARTY, AND THE

NOTICE OR PAPER IS SERVED ON SUCH PARTY BY MAIL, FIVE (5) DAYS SHALL
BE ADDED TO THE

PRESCRIBED PERIOD: . . .

HOWEVER, AS THE AUTHORITY HAS PREVIOUSLY HELD, /1/ SECTION 2429.22 OF
THE REGULATIONS APPLIES ONLY TO SITUATIONS IN WHICH A PARTY HAS THE
RIGHT OR IS REQUIRED TO DO SOME ACT WITHIN A PRESCRIBED PERIOD AFTER
SERVICE OF A NOTICE OR OTHER PAPER UPON SUCH PARTY AND, CONSEQUENTLY,
DOES NOT APPLY TO THE ACT OF FILING EXCEPTIONS TO AN ARBITRATION AWARD
PURSUANT TO SECTION 2425.1(B) OF THE REGULATIONS. THE TIME LIMIT
PRESCRIBED IN SECTION 2425.1(B) IS NOT TRIGGERED BY, I.E., DOES NOT
BEGIN TO RUN FROM, SERVICE OF THE ARBITRATOR'S AWARD, BUT RATHER, AS
EXPRESSLY PROVIDED, BEGINS TO RUN ON THE DATE OF THE AWARD.

ACCORDINGLY, SINCE THE UNION HAS ADVANCED NO PERSUASIVE REASONS FOR
THE AUTHORITY TO RECONSIDER THE DECISION OF APRIL 29, 1981, IN THIS
CASE,

IT IS HEREBY ORDERED THAT THE REQUEST FOR RECONSIDERATION BE, AND IT
HEREBY IS, DENIED.

ISSUED, WASHINGTON, D.C., JUNE 24, 1982

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

LEON B. APPLEWHAITE, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY

--------------- FOOTNOTES$ ---------------

/1/ NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, LOCAL R14-87 AND
THE ADJUTANT GENERAL OF KANSAS, KANSAS ARMY NATIONAL GUARD, 5 FLRA NO.
73(1981); REQUEST FOR RECONSIDERATION DENIED, JANUARY 15, 1982.