Air Force, Scott Air Force Base, Illinois (Activity) and National Association of Government Employees, Local R7-23 (Union) (Authority decision, April 29, 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 Scott Air Force Base arbitration award dated February 23, 1981. Its exceptions were due March 24 but were filed March 26. The Authority dismissed them as untimely without reaching the merits.

Decision snapshot

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

Full text (FLRA public release)

[ v05 p552 ]

05:0552(68)AR

The decision of the Authority follows:

5 FLRA No. 68

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

ORDER DISMISSING EXCEPTIONS

ON MARCH 26, 1981, LOCAL R7-23, NATIONAL FEDERATION OF GOVERNMENT
EMPLOYEES (THE UNION) FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR THOMAS
J. ERBS 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 23, 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 24, 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., APRIL 29, 1981

JAMES J. SHEPARD, EXECUTIVE DIRECTOR