Social Security Administration, Bureau of Retirement and Survivors Insurance, Mid-America Program Service Center, Kansas City, Missouri and American Federation of Government Employees, Local 1336 (Authority decision, August 3, 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

The Social Security Administration sought review of a June 15, 1979 arbitration award involving AFGE Local 1336. Its petition reached the Authority on July 17, one day after the statutory filing deadline identified in the decision. The Authority said it could neither extend nor waive that deadline. 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 could not extend or waive the 30-day exception deadline.

Full text (FLRA public release)

[ v01 p821 ]

01:0821(93)AR

The decision of the Authority follows:

1 FLRA No. 93
AUGUST 3, 1979

MR. HERBERT C. CREECH
ACTING DIRECTOR
DIVISION OF LABOR RELATIONS
SOCIAL SECURITY ADMINISTRATION
ROOM 718, ALTMEYER BUILDING
6401 SECURITY BOULEVARD
BALTIMORE, MARYLAND 21235

RE: DEPARTMENT OF HEALTH, EDUCATION AND WELFARE,
SOCIAL SECURITY ADMINISTRATION, BUREAU OF
RETIREMENT AND SURVIVORS INSURANCE, MID-
AMERICA PROGRAM SERVICE CENTER, KANSAS CITY,
MISSOURI AND AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, LOCAL 1336 (BOTHWELL,
ARBITRATOR), Case No. 0-AR-32

DEAR MR. CREECH:

THIS REFERS TO YOUR PETITION FOR REVIEW OF THE ARBITRATOR'S AWARD IN
THE ABOVE-ENTITLED CASE, FILED WITH THE AUTHORITY ON JULY 17, 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 THE 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 JUNE 15, 1979. THEREFORE, UNDER SECTION 7122 OF THE STATUTE, YOUR
APPEAL WAS DUE IN THE OFFICE OF THE AUTHORITY NO LATER THAN JULY 16,
1979. HOWEVER, AS STATED ABOVE, YOUR APPEAL WAS NOT FILED WITH THE
AUTHORITY UNTIL JULY 17, 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: A. B. JOHNSON

AFGE