U.S. Department of Labor, Washington, D.C. and American Federation of Government Employees, Local 12 (Authority decision, December 8, 1992)

Final FLRA decision. The Authority denies reconsideration of an order dismissing exceptions to an arbitral 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 decide an unfair labor practice.

Plain-English summary

AFGE Local 12 filed exceptions to an arbitration award one day after the filing deadline. The Authority dismissed them as untimely, and the union asked it to reconsider. The union cited the short delay, the importance of its objections, lack of harm to the agency, and advice it said it received from Authority staff about the due date. The Authority found no extraordinary circumstances. It said the statutory filing limit could not be extended or waived, including on the basis of incorrect staff advice. It denied reconsideration, leaving the dismissal in place.

Decision snapshot

• Authority: Reconsideration under 5 C.F.R. § 2429.17 and arbitration filing deadline under 5 U.S.C. § 7122(b).
• Outcome: Union's reconsideration motion denied; exceptions remain dismissed as untimely.
• Key point: A one-day delay and alleged incorrect advice from Authority staff did not permit waiver of the statutory deadline.

Full text (FLRA public release)

[ v46 p890 ]
46:0890(79)AR

The decision of the Authority follows:

46 FLRA No. 79

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

U.S. DEPARTMENT OF LABOR

WASHINGTON, D.C.

(Agency)

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 12

(Union)

0-AR-2365

(46 FLRA No. 71 (1992))

_____

ORDER DENYING MOTION FOR RECONSIDERATION

December 8, 1992

_____

Before Chairman McKee and Members Talkin and
Armendariz.

I. Statement of the Case

This case is before us on a motion filed by the Union under section 2429.17 of the Authority's Rules and Regulations seeking reconsideration of our order of November 10, 1992,(1) dismissing as untimely the Union's exceptions to the arbitration award involved in this case. The Agency did not file an opposition to the motion for reconsideration.

For the following reasons, we conclude that the Union has not established that extraordinary circumstances exist warranting reconsideration of the Authority's order. Accordingly, we will deny the motion for reconsideration.

II. Authority's Order

By order dated November 10, 1992, the Authority determined that the Union's exceptions to the arbitration award involved in this case were untimely filed. The Authority stated that the award was served on the parties by mail on September 22, 1992, and, under sections 2425.1(b)(2) and 2429.22 (3) of the Authority's Rules and Regulations, the due date for exceptions was the close of business on October 26, 1992. As the Union's exceptions were filed on October 27, 1992, the Authority dismissed the exceptions as untimely. The Authority stated, in this connection, that the time limit for filing exceptions to an arbitration award may not be extended or waived.(4)

III. Motion for Reconsideration

The Union contends that reconsideration of the Authority's order is warranted because: (1) the exceptions were filed only 1 day late; (2) the case involves significant issues and "grave legal and factual errors on the part of the arbitrator[]"; and (3) the Agency will not be harmed if the Authority reviews the exceptions. Exceptions at 1. In addition, the Union claims that the Union's representative sought assistance in determining the due date for exceptions from an attorney in the Authority's Office of the General Counsel. According to the Union, its representative "was aided by [the] FLRA staffer in arriving at the filing date of October 27[.]" Id.

IV. Analysis and Conclusions

Section 2429.17 of the Authority's Rules and Regulations permits a party that can establish "extraordinary circumstances" to move for reconsideration of a decision or order of the Authority. We conclude that the Union has not established that such extraordinary circumstances exist in this case.

It is undisputed in this case that the Arbitrator's award was served on the parties by mail on September 22, 1992, and the due date for exceptions was October 26, 1992. It also is undisputed that the Union's exceptions were not timely filed. As noted previously, the time limit for filing exceptions to arbitration awards may not be extended or waived by the Authority. See also 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) (Authority is "not empowered to take into account equitable considerations to waive the time limit for filing exceptions to arbitration awards."). As such, the fact that the exceptions were filed only 1 day late as well as the Union's arguments regarding the nature of the award provide no grounds for reconsidering the Authority's order dismissing the exceptions. Moreover, reliance on erroneous advice from an agent of the Authority does not provide grounds for reconsideration of the order. See id. ("parties dealing with the Federal Government are charged with knowledge of and are bound by statutes and lawfully promulgated regulations despite reliance to their detriment on incorrect information received from Government agents or employees.") (citations omitted).

We conclude that the Union's arguments do not establish extraordinary circumstances warranting reconsideration of the Authority's order dismissing the Union's exceptions. Accordingly, we will deny the Union's motion for reconsideration.

V. Order

The Union's motion for reconsideration is denied.

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

1. Through administrative error, the
   order did not receive an FLRA decision number. By letter of December 1, 1992, the parties were notified that the order will be published as 46 FLRA No. 71.

2. 5 C.F.R. § 2425.1(b) provides
   that the time limit for filing an exception "is thirty (30) days beginning on the date the award is served on the filing party."

3. 5 C.F.R. § 2429.22 provides
   that, when a party is required to file a submission with the Authority within a prescribed time period after the date of service of a document, and the document is served by mail, "five (5) days shall be added to the prescribed period[.]"

4. The time limit for filing exceptions
   to arbitration awards is established in section 7122(b) of the Federal Service Labor-Management Relations Statute. 5 C.F.R. § 2429.23(d) provides, among other things, that the time limit established in that section "may not be extended or waived . . . ."