U.S. Air Force, San Antonio Air Logistics Center, Kelly Air Force Base, Texas (Activity) and American Federation of Government Employees, Local 1617, AFL-CIO (Union) (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 an arbitration award involving Kelly Air Force Base. The award was dated March 11, 1981, so exceptions were due April 9. The union filed on April 10. The Authority dismissed them because it could not extend or waive the filing deadline.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Arbitration exceptions dismissed as untimely.
• Key point: A one day late exception could not be accepted.

Full text (FLRA public release)

[ v05 p578 ]

05:0578(74)AR

The decision of the Authority follows:

5 FLRA No. 74

U.S. AIR FORCE, SAN ANTONIO
AIR LOGISTICS CENTER, KELLY
AIR FORCE BASE, TEXAS
(Activity)

and

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
AFL-CIO, LOCAL 1617
(Union )

Case No. 0-AR-216

ORDER DISMISSING EXCEPTIONS

ON APRIL 10, 1981, THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
AFL-CIO, LOCAL 1617 (THE UNION) FILED EXCEPTIONS TO THE AWARD OF
ARBITRATOR SAMUEL J. NICHOLAS, JR. 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 MARCH 11, 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 APRIL 9, 1981. HOWEVER, AS STATED ABOVE,
THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL APRIL 10,
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