Navy Exchange Naval Station and American Federation of Government Employees, Local 3723 (Authority decision, July 20, 1979)

Final FLRA decision. This order denies an arbitration appeal as untimely under 5 U.S.C. § 7122. The decision says an award becomes final and binding when no exception is filed within the statutory 30-day period; it does not address judicial review.

Plain-English summary

AFGE Local 3723 sought review of an April 30, 1979 arbitration award involving the Navy Exchange Naval Station. Its petition was filed on June 21, after the May 30 deadline identified in the decision. The Authority said it could not extend or waive the statutory 30-day limit. It denied the petition without reviewing the award's merits.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a), (b).
• Outcome: Petition denied as untimely; arbitration award not reviewed.
• Key point: The Authority lacked power to accept an exception filed after the statutory deadline.

Full text (FLRA public release)

[ v01 p777 ]

01:0777(87)AR

The decision of the Authority follows:

1 FLRA No. 87
JULY 20, 1979

MR. RONALD D. KING, DIRECTOR
CONTRACT AND APPEALS DIVISION
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
1325 MASSACHUSETTS AVENUE, N.W.
WASHINGTON, D.C. 20005

RE: NAVY EXCHANGE NAVAL STATION AND
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 3723 (HERRING,
ARBITRATOR), Case No. 0-AR-26

DEAR MR. KING:

THIS REFERS TO YOUR PETITION FOR REVIEW OF THE ARBITRATOR'S AWARD IN
THE ABOVE-ENTITLED CASE, FILED WITH THE AUTHORITY ON JUNE 21, 1979.

FOR THE REASONS INDICATED BELOW, IT HAS BEEN DETERMINED THAT YOUR
PETITION WAS UNTIMELY FILED AND CANNOT BE ACCEPTED FOR REVIEW.

SECTION 7122 OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
STATUTE (92 STAT. 1212), AS HERE PERTINENT, PROVIDES:

(A) EITHER PARTY TO ARBITRATION UNDER THIS CHAPTER MAY FILE WITH THE
AUTHORITY AN EXCEPTION TO ANY ARBITRATOR'S AWARD PURSUANT TO ARBITRATION
. . .

(B) IF NO EXCEPTION TO AN ARBITRATOR'S AWARD IS FILED UNDER
SUBSECTION (A) OF THIS SECTION DURING THE 30-DAY PERIOD BEGINNING ON THE
DATE OF SUCH AWARD, THE AWARD SHALL BE FINAL AND BINDING . . .

THE SUBJECT ARBITRATION AWARD, AS INCLUDED IN YOUR SUBMISSION, IS
DATED APRIL 30, 1979. THEREFORE, UNDER SECTION 7122 OF THE STATUTE,
YOUR APPEAL WAS DUE IN THE OFFICE OF THE AUTHORITY NO LATER THAN MAY 30,
1979. HOWEVER, AS STATED ABOVE, YOUR APPEAL WAS NOT FILED WITH THE
AUTHORITY UNTIL JUNE 21, 1979. IN THIS REGARD, THE AUTHORITY IS NOT
EMPOWERED TO EXTEND OR WAIVE THE TIME LIMIT PRESCRIBED BY THE CITED
SECTION OF THE STATUTE.

ACCORDINGLY, AS YOUR PETITION FOR REVIEW WAS UNTIMELY FILED, AND
APART FROM OTHER CONSIDERATIONS, THE PETITION IS DENIED.

FOR THE AUTHORITY.

SINCERELY,

HAROLD D. KESSLER

DEPUTY EXECUTIVE DIRECTOR

CC: J. FOSSUM

AGRICULTURE