U.S. Department of the Air Force, Tinker Air Force Base, Oklahoma and American Federation of Government Employees, Local 916 (Authority decision, December 31, 1992)

Final FLRA decision. The Authority dismisses exceptions to an arbitration award for failure to correct filing deficiencies. 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 decide an unfair labor practice.

Plain-English summary

AFGE Local 916 filed exceptions to an arbitration award involving Tinker Air Force Base. The Authority gave the union a deadline to provide legible copies of the award and the attachments cited in its exceptions. The union's response lacked the attachments, supplied copies that remained partly illegible, and appeared to include a different award from the one challenged. The Authority dismissed the exceptions because the union did not comply with its order. It did not reach the merits of the arbitration dispute.

Decision snapshot

• Authority: Filing requirements for arbitration exceptions.
• Outcome: Union exceptions dismissed.
• Key point: The Authority required a legible copy of the challenged award and supporting attachments before it could consider the exceptions.

Full text (FLRA public release)

[ v46 p1061 ]
46:1061(96)AR

The decision of the Authority follows:

46 FLRA No. 96

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

U.S. DEPARTMENT OF THE AIR FORCE

TINKER AIR FORCE BASE, OKLAHOMA

(Agency)

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 916

(Union)

0-AR-2340

_____

ORDER DISMISSING EXCEPTIONS

December 31, 1992

_____

On September 23, 1992, the Authority issued an Order granting the Union an opportunity to correct deficiencies in its exceptions to the award of Arbitrator Jerome Smith in the above-captioned case. The Union was directed to comply with the Authority's Regulations by filing with the Authority five legible copies of: (1) the Arbitrator's award; and (2) the attachments referenced in its exceptions.

The Authority's Order stated that the Union's submission must be filed by October 7, 1992, and that failure to comply with the Order may result in dismissal of the Union's exceptions.

The Union filed an incomplete response to the Authority's September 23, 1992, Order. The additional copies of the Arbitrator's award are not completely legible, and the Union failed to provide copies of the attachments referenced in its exceptions. Further, it appears that the arbitration award furnished by the Union is not the award referred to in its exceptions. For example, the Union's exceptions: (1) dispute a timeliness ruling allegedly made by the Arbitrator which is not contained in the award; (2) quote language in the award which does not exist in the award; and (3) refer to matters on pages 23 and 24 of the award, although the award furnished by the Union is only 7 pages in length.

The Union has failed to comply with the Authority's Order of September 23, 1992. Accordingly, the Union's exceptions are dismissed.

For the Authority.

______

Alicia N. Columna
Director, Case Control Office

FOOTNOTES:
(If blank, the decision does not
have footnotes.)