General Services Administration, Region 3 and American Federation of Government Employees, National Council of GSA Locals, Council 236 (Authority decision, November 8, 1991)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority involving an arbitral award under 5 U.S.C. § 7122. Judicial review under 5 U.S.C. § 7123(a) generally does not extend to such an order unless the order involves an unfair labor practice under 5 U.S.C. § 7116. This decision dismisses exceptions to an arbitration award and does not state that it involves an unfair labor practice.

Plain-English summary

The union filed exceptions to a GSA arbitration award. The arbitrator mailed the award on August 1, 1991, making September 4 the last day for timely filing under the Authority's rules. The union's exceptions were postmarked September 6. The Authority held that it could not extend or waive the deadline and dismissed the exceptions without addressing the award's merits.

Decision snapshot

• Authority: Arbitration filing deadline under 5 C.F.R. §§ 2425.1(b) and 2429.22.
• Outcome: Union exceptions dismissed as untimely.
• Key point: The filing period runs from service of the arbitration award, with five extra days when it is mailed, and the Authority cannot waive the deadline.

Full text (FLRA public release)

[ v43 p78 ]

43:0078(7)AR

The decision of the Authority follows:

43 FLRA NO. 7

GENERAL SERVICES ADMINISTRATION
REGION 3
(Agency)

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES NATIONAL COUNCIL OF GSA LOCALS COUNCIL 236 (Union)

0-AR-2170

ORDER DISMISSING EXCEPTIONS

The Union has filed exceptions to the award of Arbitrator Earle William Hockenberry in the above-captioned case. On October 18, 1991, the Authority issued an order directing 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 and the Agency filed a motion to dismiss the Union's exceptions. 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). 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). See U.S. Department of Housing and Urban Development and American Federation of Government Employees, AFL - CIO, Local 476, 27 FLRA 852 (1987).

In its response, the Union provided the Authority with a copy of the envelope, addressed to the Union, from the Arbitrator, postmarked August 1, 1991. As the award was deposited in the U.S. mail on August 1, 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 September 4, 1991, in order to be considered timely. 5 C.F.R. 2425.1(b), 2429.21(b) and 2429.22. The Union's exceptions were filed (postmarked) with the Authority on September 6, 1991.

Accordingly, as the time limit for filing exceptions may not be extended or waived by the Authority, the Union's exceptions are dismissed as untimely filed.

For the Authority.

Alicia N. Column
Director, Case Control Office