U.S. Department of Labor, Washington, D.C. and American Federation of Government Employees, Local 12 (Authority decision, November 10, 1992)

Final FLRA decision. The Authority dismisses the union's exceptions to an arbitration award under 5 U.S.C. § 7122(a). 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 12 challenged an arbitration award involving the Department of Labor. The Authority found that the award had been mailed to the union on September 22, 1992, starting the filing period for exceptions. With the extra five days allowed for mail service, the deadline was October 26. The union's exceptions were postmarked October 27. Because the filing deadline could not be extended or waived, the Authority dismissed the exceptions without reaching the award's merits.

Decision snapshot

• Authority: Arbitration exception deadlines under 5 C.F.R. §§ 2425.1(b), 2429.22, and 2429.23(d).
• Outcome: Union exceptions dismissed as untimely.
• Key point: An exception postmarked one day after the mail-adjusted deadline could not be considered.

Full text (FLRA public release)

[ v46 p818 ]
46:0818(71)AR

The decision of the Authority follows:

46 FLRA No. 71

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

ORDER DISMISSING EXCEPTIONS

November 10, 1992

The Union has filed exceptions to the award of Arbitrator Earle W. Hockenberry in the above-captioned case. On November 6, 1992, the Authority directed the Union to file with the Authority copies of the Arbitrator's award, and any documentation the Union may have concerning the date the Arbitrator's award was served on the Union. The Union provided the requested information. 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).

The envelope in which the Arbitrator's award was mailed to the Union is postmarked September 22, 1992. Accordingly, the 30-day period for filing exceptions to the award began on September 22, l992 and expired on October 21, l992. 5 C.F.R. § 2425.1(b). Because the award was served by mail, five (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 October 26, 1992, in order to be timely filed. See, e.g., National Federation of Federal Employees, Council of Veterans Administration Locals and U.S. Department of Veterans Affairs, 45 FLRA 38 (1992). The Union's exceptions are dated and postmarked October 27, 1992.

The Union's exceptions were not timely filed. As the time limit for filing exceptions to an arbitrator's award 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.)