U.S. Department of Housing and Urban Development, Washington, D.C. and American Federation of Government Employees, Local 476 (Authority decision, January 7, 1994)

Final FLRA decision. This order dismisses exceptions to an arbitral award as untimely and ends the Authority proceeding. Judicial review under 5 U.S.C. § 7123(a) generally does not extend to an order involving an arbitral award unless the order involves an unfair labor practice under 5 U.S.C. § 7116. This order does not state that it involves an unfair labor practice.

Plain-English summary

The Department of Housing and Urban Development challenged an arbitration award involving AFGE Local 476. The award was mailed on October 26, 1993, giving the agency until November 29 to file exceptions after the mail-service allowance. The agency delivered its exceptions on November 30, one day late. It argued that adding five days for mailed awards improperly extended the statutory filing period. The Authority rejected that argument, explaining that the five days were an allowance for mail service and that it could not extend or waive the filing deadline. It dismissed the exceptions without reaching the award's merits.

Decision snapshot

• Authority: Arbitration exception deadline under 5 C.F.R. § 2425.1(b) and mail-service allowance under § 2429.22.
• Outcome: Agency exceptions dismissed as untimely.
• Key point: The five-day mail-service allowance set a November 29 filing deadline; delivery on November 30 was too late.

Full text (FLRA public release)

[ v48 p1360 ]
48:1360(141)AR

The decision of the Authority follows:

48 FLRA No. 141

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT

WASHINGTON, D.C.

(Agency)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

LOCAL 476

(Union)

0-AR-2555

ORDER DISMISSING EXCEPTIONS

January 7, 1994

The Agency has filed exceptions to the award of Arbitrator Joseph M. Sharnoff in the above-captioned case. On December 3, 1993, the Authority directed the Agency to show cause why its exceptions should not be dismissed as untimely filed. The Agency filed a timely response to the Authority's Order. For the reasons set out below, the Agency'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 Arbitrator's award was served (postmarked) on the Agency October 26, 1993. Response to Show Cause at 1. Accordingly, the 30-day period for the Agency to file exceptions to the award began on October 26, l993, and expired on November 24, l993. 5 C.F.R. § 2425.1(b). Because 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 November 29, 1993, in order to be timely filed. The Agency's exceptions were dated and filed (personal delivery) with the Authority on November 30, 1993.

The Agency argues that adding 5 days after the prescribed period for filing exceptions to the Arbitrator's award, as authorized by section 2429.22 of the Authority's Regulations, effectively extends the prescribed 30-day period and presents a conflict between the Authority's Regulations and section 7122(b) of the Federal Service Labor-Management Relations Statute. 5 U.S.C.
§ 7122(b).

The Agency's argument cannot be sustained. The Authority has consistently rejected such arguments. See Federal Trade Commission, Headquarters, Washington, D.C. and American Federation of Government Employees, Local 2211, 34 FLRA 14, 15 (1989). See also U.S. Department of the Air Force, Ogden Air Logistics Center, Hill Air Force Base, Utah, 46 FLRA 1297, 1301 (1993). Adding the 5-day allowance to the "prescribed period" does not extend the prescribed period for filing documents but rather is an allowance for mail service.

The Agency's exceptions were not timely filed. As the time limit for filing exceptions may not be extended or waived by the Authority, the Agency's exceptions are dismissed.

For the Authority.

__________
Alicia N. Columna

Director, Case Control Office

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