National Federation of Federal Employees, Local 405 (Union) and Army Troop Support and Aviation Materiel Readiness Command (Activity) (Authority decision, March 19, 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

NFFE Local 405 filed exceptions to an Army Troop Support arbitration award dated January 11, 1982. The exceptions reached the Authority on February 16, seven days after the February 9 statutory deadline. The Authority said it could not extend or waive the 30-day filing limit and dismissed them without reaching the award’s 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 arbitration-exception filing period was mandatory.

Full text (FLRA public release)

[ v08 p211 ]

08:0211(45)AR

The decision of the Authority follows:

8 FLRA No. 45

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 405
(Union)

and

U.S. ARMY TROOP SUPPORT AND AVIATION
MATERIEL READINESS COMMAND
(Activity)

Case No. 0-AR-350

ORDER DISMISSING EXCEPTIONS

THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
ARBITRATOR MERTON C. BERNSTEIN 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 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 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 11, 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 9, 1982.
HOWEVER, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL
FEBRUARY 16, 1982. IN THIS REGARD, THE AUTHORITY IS NOT EMPOWERED TO
EXTEND TO 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 19, 1982.

JAMES J. SHEPARD, EXECUTIVE DIRECTOR