U.S. Department of Veterans Affairs Medical Center, Waco and American Federation of Government Employees, Local 1822 (Authority decision, January 24, 1992)

Final FLRA decision. The Authority dismisses arbitration exceptions as untimely. Under 5 U.S.C. § 7123(a)(1), an Authority order involving an arbitral award is generally excluded from judicial review unless it involves an unfair labor practice under 5 U.S.C. § 7116. This decision does not resolve an unfair labor practice.

Plain-English summary

AFGE Local 1822 challenged an arbitration award involving the Waco VA Medical Center. The union mailed its exceptions to the Authority's Dallas regional office, which forwarded them to the Docket Room. The Authority calculated a December 9, 1991 filing deadline from the award's service date, but the Docket Room did not receive the exceptions until December 18. The union argued that its regional office filing was timely and that it received the award later than its date. The Authority held that the Docket Room filing date and the award's service date controlled, and dismissed the exceptions without reaching the award's merits.

Decision snapshot

• Authority: Arbitration exception deadline and filing location under 5 C.F.R. §§ 2425.1(b) and 2429.24(a).
• Outcome: Union's exceptions dismissed as untimely.
• Key point: Sending exceptions to a regional office does not satisfy the filing requirement at the Authority's Docket Room.

Full text (FLRA public release)

[ v43 p1149 ]

43:1149(92)AR

The decision of the Authority follows:

43 FLRA NO. 92

U.S. DEPARTMENT OF VETERANS AFFAIRS
MEDICAL CENTER
WACO, TEXAS
(Agency)

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES LOCAL 1822 (Union)

0-AR-2208

ORDER DISMISSING EXCEPTIONS

The Union has filed exceptions to the award of Arbitrator John A. Bailey in the above-captioned case. On January 3, 1992, 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. The Agency has filed an opposition to 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). 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 award is dated November 1, 1991. Presuming that the award was deposited in the U.S. mail on November 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 December 9, 1991, in order to be considered timely. 5 C.F.R. 2425.1(b), 2429.21(b) and 2429.22.

The Union mailed its exceptions to the Authority's Dallas Regional Office. The Regional Office forwarded the exceptions to the Authority's Docket Room. Accordingly, the Union's exceptions were filed on December 18, 1991, the date they were received in the Authority's Docket Room.

The Union asserts in its response to the Authority's January 3 Order that its exceptions should not be dismissed as untimely filed because the exceptions were timely filed with the Dallas Regional Office. The Union argues that 5 C.F.R. Part 2425 ("Review of Arbitration Awards"), does not provide specific instructions on filing exceptions.

The Authority's Regulations at subsection (a) of section 2429.24 ("Place and method of filing; acknowledgement") of 5 C.F.R. provide the complete address, telephone number, and times for filing "documents filed or required to be filed with the Authority(.)" Parties filing actions with the Authority are responsible for being knowledgeable of the statutory and regulatory filing requirements. See U.S. Department of Housing and Urban Development, Washington, D.C. and American Federation of Government Employees, Local 476, 34 FLRA 307, 309 (1989).

The Union further states that the envelope in which the award of the Arbitrator was mailed is lost, 1 but that the award was received by the Union through regular mail on November 7. 1991. 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