09:0146(18)AR - AFGE Local 3159 and HHS Region IX -- 1982 FLRAdec AR (Authority decision, June 23, 1982)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority resolving exceptions to an arbitration award under 5 U.S.C. § 7122. Section 7123(a)(1) generally excludes orders under § 7122 from direct judicial review unless the order involves an unfair labor practice under 5 U.S.C. § 7118.

Plain-English summary

The union filed exceptions to an arbitration award involving HHS Region IX. The Authority found that the exceptions arrived after the statutory filing deadline. It dismissed them without deciding the award’s merits.

Decision snapshot

• Authority: 5 U.S.C. § 7122(b).
• Outcome: Exceptions dismissed as untimely.
• Key point: The Authority could not extend the statutory filing period.

Full text (FLRA public release)

[ v09 p146 ]

09:0146(18)AR

The decision of the Authority follows:

9 FLRA No. 18

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 3159
(Union)

and

DEPARTMENT OF HEALTH AND HUMAN
SERVICES, REGION IX
(Activity)

Case No. 0-AR-392

ORDER DISMISSING EXCEPTIONS

THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
ARBITRATOR ARMON BARSAMIAN FILED BY THE UNION PURSUANT TO SECTION
7122(A) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE AND
SECTION 2425.1 OF THE AUTHORITY'S RULES AND REGULATIONS. FOR THE
REASONS STATED BELOW, THE UNION'S EXCEPTIONS MUST BE DISMISSED AS
UNTIMELY FILED.

UNDER SECTION 7122(B) OF THE STATUTE AND SECTION 2425.1(B) OF THE
AUTHORITY'S RULES AND REGULATIONS, THE TIME LIMIT FOR FILING AN
EXCEPTION TO AN ARBITRATION AWARD IS THIRTY DAYS BEGINNING ON AND
INCLUDING THE DATE ON THE AWARD. ADDITIONALLY, UNDER SECTION 2429.21 OF
THE RULES AND REGULATIONS, WHENEVER THE REGULATIONS REQUIRE THE FILING
OF A DOCUMENT, SUCH DOCUMENT MUST BE RECEIVED BY THE AUTHORITY BEFORE
THE CLOSE OF BUSINESS ON THE LAST DAY OF THE TIME LIMIT.

THE ARBITRATOR'S AWARD IN THIS CASE, AS INCLUDED IN THE UNION'S
SUBMISSION, IS DATED APRIL 21, 1982. THEREFORE, UNDER THE ABOVE-CITED
PROVISIONS, THE UNION'S EXCEPTIONS WERE DUE IN THE NATIONAL OFFICE OF
THE AUTHORITY BEFORE THE CLOSE OF BUSINESS ON MAY 20, 1982. WHILE IT
APPEARS THAT THE UNION SOUGHT TO ACCOMPLISH TIMELY FILING BY ARRANGING
WITH A COMMERCIAL COURIER ON MAY 20, 1982, FOR DELIVERY TO THE
AUTHORITY, THE EXCEPTIONS WERE NOT ACTUALLY DELIVERED UNTIL MAY 21,
1982. IN THAT REGARD, THE AUTHORITY IS NOT EMPOWERED TO WAIVE OR EXTEND
THE TIME LIMIT FOR FILING EXCEPTIONS TO ARBITRATION AWARDS.

ACCORDINGLY, AS THE UNION'S EXCEPTIONS WERE UNTIMELY FILED, THE
EXCEPTIONS ARE HEREBY DISMISSED.

FOR THE AUTHORITY.

ISSUED, WASHINGTON, D.C., JUNE 23, 1982

JAMES J. SHEPARD, EXECUTIVE DIRECTOR