U.S. Army Armament Research and Development Command (AARADCOM), Dover, New Jersey (Activity) and National Federation of Federal Employees, Local 1437 (Union) (Authority decision, March 11, 1982)

Final FLRA decision. The Authority resolved exceptions to an arbitral award. 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 decision does not decide one.

Plain-English summary

The union filed exceptions to an Army Armament Research and Development Command arbitration award dated December 14, 1981. The deadline was January 12, 1982, but the filing reached the Authority on January 28. The Authority held that it could not extend or waive the 30-day period and dismissed the exceptions without reaching the merits.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a), 5 U.S.C. § 7122(b), 5 U.S.C. § 7123(a)(1).
• Outcome: The exceptions were dismissed as untimely.
• Key point: The Authority had no power to extend the statutory deadline.

Full text (FLRA public release)

[ v08 p206 ]

08:0206(42)AR

The decision of the Authority follows:

8 FLRA No. 42

U.S. ARMY ARMAMENT RESEARCH AND
DEVELOPMENT COMMAND (AARADCOM),
DOVER, NEW JERSEY
(Activity)

and

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 1437
(Union)

Case No. 0-AR-341

ORDER DISMISSING EXCEPTIONS

THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
ARBITRATOR STEPHEN BARASCH 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 7122(B) OF THE STATUTE AND SECTION 2425.1(B) OF THE
AUTHORITY'S REGULATIONS PROVIDES THAT THE TIME LIMIT FOR FILING AN
EXCEPTION TO AN ARBITRATOR'S 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 DECEMBER 14, 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 JANUARY 12, 1982.
HOWEVER, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL
JANUARY 28, 1982. 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., MARCH 11, 1982

JAMES J. SHEPARD, EXECUTIVE DIRECTOR