Veterans Administration Medical Center, New York, New York (Activity) and American Federation of Government Employees, Local 2094, AFL-CIO (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 a New York VA medical center arbitration award dated January 6, 1982. The Authority calculated a February 4 deadline, but the exceptions were not filed until February 9. Because it could not extend or waive the statutory 30-day period, the Authority dismissed the exceptions without considering the award.

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: A filing five days after the deadline could not be considered.

Full text (FLRA public release)

[ v08 p207 ]

08:0207(43)AR

The decision of the Authority follows:

8 FLRA No. 43

VETERANS ADMINISTRATION MEDICAL CENTER
NEW YORK, NEW YORK
(Activity)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2094, AFL-CIO
(Union)

Case No. 0-AR-348

ORDER DISMISSING EXCEPTIONS

THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
ARBITRATOR HARRY FRUMERMAN 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 OF THE AUTHORITY'S
REGULATIONS PROVIDE 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 JANUARY 6, 1982. 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 FEBRUARY 4, 1982. HOWEVER, THE
SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL FEBRUARY 9,
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