Marine Corps Central Design and Programming Activity and AFGE Local 2904 (Authority decision, December 29, 1981)

Final FLRA decision. This order concerns exceptions to an arbitral award under 5 U.S.C. § 7122. The exceptions were dismissed as untimely without a merits ruling. Section 7123(a) generally excludes arbitration orders from ordinary judicial review unless they involve an unfair labor practice.

Plain-English summary

AFGE Local 2904 filed exceptions to an arbitrator's award dated September 30, 1981. Under the Authority's filing rule, the exceptions were due October 29 but were filed October 30. The Authority said it could not extend or waive that deadline and dismissed the exceptions. It made no ruling on the merits of the award.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Union's arbitration exceptions dismissed as untimely.
• Key point: The filing deadline for exceptions could not be extended or waived.

Full text (FLRA public release)

[ v07 p469 ]

07:0469(71)AR

The decision of the Authority follows:

7 FLRA No. 71

MARINE CORPS CENTRAL DESIGN
AND PROGRAMMING ACTIVITY
(Activity)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2904
Union

Case No. 0-AR-308

ORDER DISMISSING EXCEPTIONS

THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
ARBITRATOR STANFORD C. MADDEN FILED BY THE UNION PURSUANT TO SECTION
7122(A) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5
U.S.C. 7122(A)) AND SECTION 2425.1 OF THE AUTHORITY'S RULES AND
REGULATIONS (5 C.F.R. 2425.1(1981)). FOR THE REASONS STATED BELOW, IT
HAS BEEN DETERMINED THAT THE UNION'S EXCEPTIONS MUST BE DISMISSED AS
UNTIMELY FILED.

SECTION 2425.1(B) OF THE AUTHORITY'S REGULATIONS PROVIDES THAT THE
TIME LIMIT FOR FILING AN EXCEPTION TO AN ARBITRATION AWARD IS THIRTY
DAYS BEGINNING ON AND INCLUDING THE DATE OF THE AWARD.

THE ARBITRATOR'S AWARD IN THIS CASE, AS INCLUDED IN THE UNION'S
SUBMISSION, IS DATED SEPTEMBER 30, 1981. THEREFORE, UNDER SECTION
2425.1(B) OF THE AUTHORITY'S REGULATIONS, THE UNION'S EXCEPTIONS WERE
DUE IN THE OFFICE OF THE AUTHORITY NO LATER THAN OCTOBER 29, 1981.
HOWEVER, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL
OCTOBER 30, 1981. IN THIS REGARD, THE AUTHORITY IS NOT EMPOWERED TO
EXTEND OR WAIVE THE TIME LIMIT FOR FILING EXCEPTIONS TO ARBITRATORS'
AWARDS.

ACCORDINGLY, AS THE UNION'S EXCEPTIONS WERE UNTIMELY FILED, AND APART
FROM OTHER CONSIDERATIONS, THE EXCEPTIONS ARE HEREBY DISMISSED.

FOR THE AUTHORITY.

ISSUED, WASHINGTON, D.C., DECEMBER 29, 1981

HAROLD T. KESSLER

FOR JAMES J. SHEPARD, EXECUTIVE DIRECTOR