National Federation of Federal Employees, Council of Veterans Administration Locals and U.S. Department of Veterans Affairs (Authority decision, June 5, 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

NFFE's Council of Veterans Administration Locals filed exceptions to an arbitration award. The arbitrator mailed the award on April 14, 1992, which started the filing period. With the five extra days allowed for service by mail, the deadline was May 18, but the union's filing was postmarked May 19. The Authority held that it could not extend or waive the deadline and dismissed the exceptions without reviewing the award's merits.

Decision snapshot

• Authority: Arbitration exception filing deadline under 5 C.F.R. §§ 2425.1(b) and 2429.22.
• Outcome: Union exceptions dismissed as one day late.
• Key point: The postmark fell after the deadline, which the Authority could not extend or waive.

Full text (FLRA public release)

[ v45 p38 ]
45:0038(5)AR

The decision of the Authority follows:

45 FLRA No. 5

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

NATIONAL FEDERATION OF FEDERAL EMPLOYEES

COUNCIL OF VETERANS ADMINISTRATION
LOCALS

(Union)

and

U.S. DEPARTMENT OF VETERANS AFFAIRS

(Agency)

0-AR-2286

ORDER DISMISSING EXCEPTIONS

June 5, 1992

The Union has filed exceptions to the award of Arbitrator James C. Oldham in the above-captioned case. 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).

In the present case, the record indicates that the Arbitrator's award is dated March 31, 1992, and mailed to the parties on April 14, l992, as evidenced by the postmark on the envelope containing the Arbitrator's award. The 30-day period for filing exceptions to the award began on April 14, l992 and expired on May 13, l992. 5 C.F.R. § 2425.1(b). Since the award was served by mail, 5 additional days were added to the due date. 5 C.F.R. § 2429.22. Therefore, any 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 May 18, 1992, in order to be timely filed.

The Union's exceptions were filed (postmarked) on May 19, 1992.

The Union's exceptions were not timely filed. 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

FOOTNOTES:
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have footnotes.)