U.S. Department of Health and Human Services, Social Security Administration, Baltimore, Maryland and American Federation of Government Employees, Local 1923 (Authority decision, May 27, 1994)

Final FLRA decision. This Authority order dismisses arbitration exceptions 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 order concerns filing time and does not decide an unfair labor practice.

Plain-English summary

The Social Security Administration challenged an arbitrator's award in a dispute with AFGE Local 1923. The Authority calculated that the agency had to file its exceptions by May 3, 1994, after allowing for service of the award by mail. The agency's exceptions were postmarked May 4. It attributed the delay to an unanticipated federal holiday, but the Authority said 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), with five additional days for mail service under § 2429.22.
• Outcome: Agency's exceptions dismissed as untimely.
• Key point: The Authority could not waive the filing deadline for a one-day delay attributed to an unanticipated federal holiday.

Full text (FLRA public release)

[ v49 p1124 ]
49:1124(107)AR

The decision of the Authority follows:

49 FLRA No. 107

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF HEALTH AND HUMAN
SERVICES

SOCIAL SECURITY ADMINISTRATION

BALTIMORE, MARYLAND

(Agency)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

LOCAL 1923

(Union)

0-AR-2614

ORDER DISMISSING EXCEPTIONS

May 27, 1994

The Agency has filed exceptions to the award of Arbitrator Paul J. Fasser, Jr., in the above-captioned case. On May 12, 1994, 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, and the Union has filed an opposition to the Agency's exceptions. 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). Absent evidence to the contrary, the date of the arbitration award is presumed to be the date of service of the award. 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 is dated March 30, 1994. Presuming that the award was deposited in the U.S. mail on that date, 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 May 3, 1994, in order to be considered timely. 5 C.F.R. §§ 2425.1(b), 2429.21(b), and 2429.22. The Agency's exceptions were filed (postmarked) with the Authority on May 4, 1994.

The Agency stated in its response that "the unanticipated closing of Federal agencies on April 27, 1994, due to the declaration of a National Holiday created a one day delay on the Agency's part." 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.)