U.S. Department of the Interior, Bureau of Indian Affairs, Chemawa Indian Boarding School and National Federation of Federal Employees, Local 241 (Authority decision, March 11, 1994)

Final FLRA decision. This Authority order dismisses exceptions to an arbitration award and ends the exceptions proceeding. 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 concerns the deadline for exceptions and does not state that it involves an unfair labor practice.

Plain-English summary

The National Federation of Federal Employees, Local 241, challenged an arbitration award involving the Chemawa Indian Boarding School. The arbitrator served the award on the union on December 15, 1993. The Authority calculated that the union had until January 18, 1994, to file exceptions, but its exceptions were postmarked January 20. The union said it had miscalculated the deadline. Because the filing period could not be extended or waived, the Authority dismissed the exceptions without reaching their merits.

Decision snapshot

• Authority: Arbitration exception filing deadline under 5 C.F.R. §§ 2425.1(b), 2429.22, and 2429.23(d).
• Outcome: Union's exceptions dismissed as untimely.
• Key point: A mistaken deadline calculation cannot extend the filing period for arbitration exceptions.

Full text (FLRA public release)

[ v49 p519 ]
49:0519(43)AR

The decision of the Authority follows:

49 FLRA No. 43

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF THE INTERIOR

BUREAU OF INDIAN AFFAIRS

CHEMAWA INDIAN BOARDING SCHOOL

(Agency)

and

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES

LOCAL 241

(Union)

0-AR-2587

ORDER DISMISSING EXCEPTIONS

March 11, 1994

_____

The Union has filed exceptions to the award of Arbitrator Gary L. Axon, in the above-captioned case. On February 7, 1994, the Authority directed the Union to show cause why its exceptions should not be dismissed as untimely filed. The Union filed a timely response 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). See Oklahoma City Air Logistics Center, Tinker Air Force Base, Oklahoma and American Federation of Government Employees, Local No. 916, 32 FLRA 165, 167 (1988). 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 on the Union on December 15, 1993. Therefore, an 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 January 18, 1994, in order to be considered timely. 5 C.F.R. §§ 2425.1(b), 2429.21(b), and 2429.22. The Union's exceptions were filed (postmarked) with the Authority on January 20, 1994.

The Union states in its response that it miscalculated the due date for filing its exceptions with the Authority. 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.)

*/
The grievant filed a response to the
Authority's February 7, l994, Order. The grievant does not have standing in this case. 5 C.F.R. § 2421.11. Therefore, the grievant's response was not considered.