Great Lakes Program Service Center of the Social Security Administration (Agency) and American Federation of Government Employees, AFL-CIO, Local 1395 (Union) (Authority decision, May 6, 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 Social Security program service center arbitration award dated March 18, 1981. Exceptions were due April 16 but were filed April 20. The Authority held that it could not waive the filing limit and dismissed the exceptions without considering their merits.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Arbitration exceptions dismissed as untimely.
• Key point: The thirty day exceptions period could not be extended.

Full text (FLRA public release)

[ v05 p595 ]

05:0595(78)AR

The decision of the Authority follows:

5 FLRA No. 78

GREAT LAKES PROGRAM SERVICE CENTER
OF THE SOCIAL SECURITY ADMINISTRATION
(Agency)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1395
(Union)

Case No. 0-AR-219

ORDER DISMISSING EXCEPTIONS

ON APRIL 20, 1981, THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
AFL-CIO, LOCAL 1395 (THE UNION) FILED EXCEPTIONS TO THE AWARD OF
ARBITRATOR SINCLAIR KOSSOFF 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 18, 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 16, 1981. HOWEVER, AS STATED
ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL
APRIL 20, 1981. IN THIS REGARD, THE AUTHORITY IS NOT EMPOWERED TO
EXTEND OR WAIVE THE TIME LIMIT FOR FILING EXCEPTIONS TO ARBITRATOR'S
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 6, 1981

JAMES J.SHEPARD, EXECUTIVE DIRECTOR