Danville VA Hospital and AFGE Local 1963 (Authority decision, December 18, 1981)

Final FLRA decision. The Authority dismissed arbitration exceptions on procedural grounds. The order concerns an arbitral award under 5 U.S.C. § 7122; 5 U.S.C. § 7123(a) generally excludes such orders from ordinary judicial review unless an unfair labor practice is involved.

Plain-English summary

AFGE Local 1963 filed exceptions to an arbitrator's October 6, 1981 award. The Authority calculated a November 4 deadline, but the exceptions arrived November 16. It said it could not extend or waive the deadline and dismissed the exceptions. The decision did not address the award's merits.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Union arbitration exceptions dismissed as untimely.
• Key point: The Authority could not extend or waive the exceptions deadline.

Full text (FLRA public release)

[ v07 p392 ]

07:0392(55)AR

The decision of the Authority follows:

7 FLRA No. 55

VETERANS ADMINISTRATION HOSPITAL,
DANVILLE, ILLINOIS
(Activity)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL NO. 1963
(Union)

Case No. 0-AR-317

ORDER DISMISSING EXCEPTIONS

THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
ARBITRATOR PAUL B. GRANT 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 OCTOBER 6, 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 NOVEMBER 4, 1981.
HOWEVER, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL
NOVEMBER 16, 1981. IN THIS REGARD, THE AUTHORITY IS NOT EMPOWERED TO
EXTEND OR WAIVE THE TIME LIMIT FOR FILING EXCEPTIONS TO ARBITRATOR'S
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 18, 1981

JAMES J. SHEPARD, EXECUTIVE DIRECTOR