United States Information Agency and American Federation of Government Employees, Local 1812 (Authority decision, December 23, 1993)

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 address an unfair labor practice.

Plain-English summary

AFGE Local 1812 filed exceptions to an arbitration award in a dispute with the United States Information Agency. The award was served by mail on October 26, 1993, and the Authority calculated November 29 as the last day to file exceptions after the mailing allowance. The union's exceptions were postmarked November 30. 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 deadline under 5 C.F.R. §§ 2425.1(b), 2429.22, and 2429.23(d).
• Outcome: Union's exceptions dismissed as untimely.
• Key point: An exception postmarked one day after the filing deadline cannot be considered when the deadline cannot be waived.

Full text (FLRA public release)

[ v48 p1149 ]
48:1149(126)AR

The decision of the Authority follows:

48 FLRA No. 126

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

UNITED STATES INFORMATION AGENCY

(Agency)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

LOCAL 1812

(Union)

0-AR-2557

ORDER DISMISSING EXCEPTIONS

December 23, 1993

On December 13, 1993, the Authority issued an Order directing the Union to correct several deficiencies in its exceptions to the award of Arbitrator Bernard Cushman in the above-captioned case. On December 14 and 17, 1993, the Union filed timely responses to the Authority's Order. 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 Arbitrator's award was served (postmarked) on the Union on October 26, 1993. 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, l993, in order to be considered timely. 5 C.F.R.§§ 2425.2(b), 2429.21(b), and 2429.22. The Union's exceptions were filed (postmarked) with the Authority on November 30, l993.

The Union's exceptions were not filed within the prescribed time limit. 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:
(If blank, the decision does not
have footnotes.)