U.S. Department of Veterans Affairs Medical Center, Allen Park, Michigan and American Federation of Government Employees, Local 933 (Authority decision, February 11, 1992)

Final FLRA decision. This order dismisses the union's exceptions to an arbitration award. Under 5 U.S.C. § 7123(a)(1), an 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 order does not resolve an unfair labor practice.

Plain-English summary

AFGE Local 933 filed exceptions to an arbitrator's award in a dispute with the Allen Park VA Medical Center. The Authority calculated January 8, 1992, as the filing deadline based on the award's presumed mailing date. The union mailed its exceptions to the Chicago Regional Office on January 9; the Authority's Docket Room received them on January 14. The union acknowledged the filing was late but said the VA had denied official time for its representatives to process appeals. The Authority held that exceptions had to be filed in its Docket Room and that it could not extend or waive the deadline. It dismissed the exceptions without reaching the award's merits.

Decision snapshot

• Authority: Arbitration exception filing rules in 5 C.F.R. §§ 2425.1(b), 2429.23(d), and 2429.24(a).
• Outcome: Union exceptions dismissed as untimely.
• Key point: Mailing exceptions to a regional office after the deadline did not satisfy the required Docket Room filing deadline.

Full text (FLRA public release)

[ v43 p1524 ]

43:1524(121)AR

The decision of the Authority follows:

43 FLRA NO. 121

U.S. DEPARTMENT OF VETERANS AFFAIRS
MEDICAL CENTER
ALLEN PARK, MICHIGAN
(Agency)

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES LOCAL 933 (Union)

0-AR-2225

ORDER DISMISSING EXCEPTIONS

The Union has filed exceptions to the award of Arbitrator Dallas L. Jones in the above-captioned case. On January 17, 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. 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). All documents filed with the Authority must be filed in the Authority's Docket Room, 500 C Street, SW., Washington, D.C. 20424. 5 C.F.R. 2429.24(a).

The Arbitrator's award is dated December 5, 1991. Presuming that the award was deposited in the U.S. mail on that date, 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 January 8, 1992, in order to be considered timely. 5 C.F.R. 2425.1(b), 2429.21(b) and 2429.22.

Exceptions to an Arbitrator's award may not be filed in a Regional office but must be filed in the Authority's Docket Room. 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 Union mailed its exceptions to the Authority's Chicago Regional Office on January 9, 1992. The Regional Office forwarded the exceptions to the Authority's Docket Room. Accordingly, the Union's exceptions were filed on January 14, 1992, the date they were received in the Authority's Docket Room.

The Union does not dispute that its exceptions to the award of the Arbitrator in the above-captioned case were not timely filed. In addition, the Union states that it does not have the envelope in which the award of the Arbitrator was mailed. 1 The Union argues, however, that its exceptions should be accepted for review because its inability to meet the time limit for filing was caused by the Agency's denial of official time for Union representatives to process appeals.

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