U.S. Department of Defense, Defense Logistic Agency, Defense Depot Memphis and American Federation of Government Employees, Local 2501 (Authority decision, May 29, 1992)

Final FLRA decision. The Authority dismisses the union's exceptions to an arbitration award as untimely. 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 decision does not resolve an unfair labor practice.

Plain-English summary

AFGE Local 2501 filed exceptions to an arbitration award involving Defense Depot Memphis. The award was dated March 19, 1992, making April 22 the deadline for filing exceptions if it was mailed that day. The union filed on April 29. It said it had calculated an April 30 deadline based on a telephone conversation with an Authority employee. The Authority found no evidence that the employee caused the miscalculation and held that the filing deadline could not be extended or waived. 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), 2429.22, and 2429.23(d).
• Outcome: Union exceptions dismissed as untimely.
• Key point: The Authority cannot extend or waive the deadline for filing arbitration exceptions.

Full text (FLRA public release)

[ v44 p1602 ]

24:1602(123)AR

The decision of the Authority follows:

44 FLRA NO. 123

U.S. DEPARTMENT OF DEFENSE
DEFENSE LOGISTIC AGENCY
DEFENSE DEPOT MEMPHIS
MEMPHIS, TENNESSEE
(Agency)

and

AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES
LOCAL 2501
(Union)

0-AR-2277

29 MAY 1992

ORDER DISMISSING EXCEPTIONS

The Union has filed exceptions to the award of Arbitrator Samuel J. Nicholas in the above-captioned case. On May 6, 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. Oklahoma 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).

The Arbitrator's award is dated March 19, 1992. 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 April 22, 1992, 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) on April 29, 1992.

The Union asserts that based on its understanding of advice received in a telephone conversation with an employee of the Authority, it calculated the due date for exceptions to the award of the Arbitrator in the above-captioned case as April 30, 1992. There is no evidence in the record that an Authority employee is responsible for the Union's incorrect calculation of its due date for the exceptions. However, even if an Authority's agent furnished incorrect information, parties dealing with the Federal Government are still charged with knowledge of, and are bound by, statutes and lawfully promulgated regulations. See U.S. Department of Housing and Urban Development, Washington, D.C. and American Federation of Government Employees, Local 476, 34 FLRA 307, 309 (1990); and U.S. Department of the Interior, Bureau of Indian Affairs, Billings Area Office, Billings, Montana and National Federation of Federal Employees, Local 478, 39 FLRA 238, 240 (1991).

The Union's exceptions were not filed 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