United States Army, Fort Huachuca, Arizona and American Federation of Government Employees, Local 1662 (Authority decision, February 11, 1982)

Final FLRA decision. The Authority dismissed the union's arbitration exceptions as untimely without reviewing the award's merits. An Authority order under 5 U.S.C. § 7122 concerning an arbitration award is excluded from judicial review by 5 U.S.C. § 7123(a)(1) unless it involves an unfair labor practice; this order does not identify one.

Plain-English summary

AFGE Local 1662 filed exceptions to an arbitration award involving the Army at Fort Huachuca. The award was dated November 30, 1980, making the exceptions due at the Authority's national office by December 29 under its filing rules. The union filed them at the Los Angeles regional office around January 12, 1981. The Authority held that the exceptions were late regardless of whether filing at a regional office might otherwise have been excused. It dismissed them without deciding whether the award was correct and imposed no penalty.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a); 5 C.F.R. § 2425.1(b) (1981).
• Outcome: Arbitration exceptions dismissed as untimely without a merits ruling.
• Key point: The Authority said it could not extend or waive the deadline for filing exceptions to an arbitration award.

Full text (FLRA public release)

[ v08 p116 ]

08:0116(24)AR

The decision of the Authority follows:

8 FLRA No. 24

UNITED STATES ARMY,
FORT HUACHUCA, ARIZONA
(Activity)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1662
(Union)

Case No. 0-AR-324

ORDER DISMISSING EXCEPTIONS

THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
ARBITRATOR JOSEPH F. GENTILE 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 CFR 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. MOREOVER, UNDER
SECTIONS 2429.21 AND 2429.24(B) AND APPENDIX A OF THE REGULATIONS, ANY
SUCH EXCEPTION MUST BE FILED WITH THE NATIONAL OFFICE BEFORE THE CLOSE
OF BUSINESS ON THE LAST DAY OF THE PRESCRIBED TIME LIMIT.

THE ARBITRATOR'S AWARD IN THIS CASE IS DATED NOVEMBER 30, 1980.
THEREFORE, UNDER SECTIONS 2425.1(B), 2429.21 AND 2429.24 OF THE
AUTHORITY'S REGULATIONS, THE EXCEPTIONS WERE DUE IN THE NATIONAL OFFICE
OF THE AUTHORITY NO LATER THAN DECEMBER 29, 1980. HOWEVER, THE SUBJECT
EXCEPTIONS WERE FILED ON OR ABOUT JANUARY 12, 1981 IN THE AUTHORITY'S
LOS ANGELES REGIONAL OFFICE. THE LOS ANGELES REGIONAL OFFICE FORWARDED
THE EXCEPTIONS TO THE AUTHORITY AND THEY WERE RECEIVED IN WASHINGTON,
D.C. SOMETIME LATER. THUS, WITHOUT PASSING UPON WHETHER A WAIVER OF THE
REQUIREMENT FOR FILING IN THE NATIONAL OFFICE MIGHT BE WARRANTED IN THE
CIRCUMSTANCES OF THIS CASE, IT IS CLEAR THAT THE UNION'S EXCEPTIONS WERE
NOT TIMELY FILED BY DECEMBER 29, 1980, AS REQUIRED. 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,

IT IS ORDERED THAT THE EXCEPTIONS BE, AND THEY HEREBY ARE, DISMISSED.

FOR THE AUTHORITY.

ISSUED, WASHINGTON, D.C., FEBRUARY 11, 1982

JAMES J. SHEPARD, EXECUTIVE DIRECTOR