American Federation of Government Employees, Local 1617 and U.S. Department of the Air Force, Air Force Logistics Command, Kelly Air Force Base, Texas (Authority decision, June 14, 1991)

Final FLRA decision. The Authority dismisses the union's exceptions to an arbitration award because they reached its Docket Room after the filing deadline. The order involves an arbitral award under 5 U.S.C. § 7122. Judicial review under 5 U.S.C. § 7123(a) is generally excluded for such orders unless they involve an unfair labor practice; this order does not address one.

Plain-English summary

AFGE Local 1617 challenged an arbitrator's amended award in a dispute with Kelly Air Force Base. The union mailed its exceptions to an Authority regional office, which received them after the filing deadline and then forwarded them to the Docket Room. The union pointed to the date it received the award, but the Authority's rule measured the filing period from service of the award, and filing had to occur in the Docket Room. The Authority found the exceptions late and dismissed them without considering their substance.

Decision snapshot

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

Full text (FLRA public release)

[ v41 p235 ]

41:0235(22)AR

The decision of the Authority follows:

41 FLRA NO. 22
41 FLRA 235

14 JUN 1991

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES LOCAL 1617 (Union)

and

U.S. DEPARTMENT OF THE AIR FORCE
AIR FORCE LOGISTICS COMMAND
KELLY AIR FORCE BASE, TEXAS
(Agency)

0-AR-2107

ORDER DISMISSING EXCEPTIONS

The Union filed exceptions to the award of Arbitrator Ernest E. Marlatt the above-captioned case. On May 24, 1991, the Authority directed the Union to show cause why its exceptions should not be dismissed as untimely filed. The Union filed a timely response to the Authority's Order. For the reasons set out below, the Union's exceptions 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 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).

Exceptions to an Arbitrator's award may not be filed in a Regional Office but must be filed in the Authority's Docket Room, 500 C Street, SW., Washington, D.C. 20424. 5 C.F.R. 2429.24(a). See Veterans Administration Medical Center, Gainesville, Florida and American Federation of Government Employees, Local 2729, 31 FLRA 1108 (1988).

The Arbitrator's amended award is dated April 2, 1991. Presuming that the award was deposited in the U.S. mail on April 2, 1991, an exception to the award had to be either postmarked by the U.S. Postal Service or received in person at the Authority no later than May 6, 1991, in order to be considered timely. 5 C.F.R. 2425.1(b), 2429.21(b) and 2429.22.

The Union exceptions are dated May 3, 1991, and addressed to the Authority's Dallas Regional Office. The Regional Office received the Union's exceptions by mail on May 8, 1991, and forwarded the exceptions by mail to the Authority's Docket Room on the same day after having notified the Union by telephone of the misfiling. 1 The Union's exceptions were received and considered filed in the Authority's Docket Room on May 13, 1991.

The Union's submission in response to the Authority's Order to Show Cause includes a copy of the Union's official mail log indicating receipt on April 4, 1991, of the Arbitrator's April 2, 1991 amended award. However, it is well established that the date of receipt of the award is not controlling in the determination of the timeliness of exceptions. U.S. Department of the Navy, Navy Resale Activity, Guam and American Federation of Government Employees, Local 1689, 39 FLRA 1109 (1991). Instead, the date of service of the award--the date that the matter served is deposited in the U.S. mail or is delivered in person--controls. 5 C.F.R. 2429.27(d).

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

For the Authority.

Alicia N. Columna
Director, Case Control Office