Social Security Administration, Headquarters Bureaus and Offices in Baltimore and SSA Local 1923, American Federation of Government Employees (Authority decision, November 2, 1979)

Final FLRA decision. This order concerns exceptions to an arbitration award under 5 U.S.C. § 7122. Under 5 U.S.C. § 7123(a)(1), such orders are generally excluded from judicial review unless they involve an unfair labor practice under 5 U.S.C. § 7116; this decision does not state that it involves one.

Plain-English summary

A grievant in a Social Security Administration arbitration filed exceptions to the arbitrator's award. The Authority dismissed them because its rules allowed only a party to the arbitration to file exceptions, and the grievant had not participated as a party. The Authority also observed that her filing appeared late, but did not rely on timeliness to decide the case.

Decision snapshot

• Authority: 5 C.F.R. § 2425.1(a) and (b).
• Outcome: Grievant's exceptions dismissed without review of the award's merits.
• Key point: An individual grievant who was not a party to the arbitration could not file exceptions under the rule.

Full text (FLRA public release)

[ v02 p38 ]

02:0038(5)AR

The decision of the Authority follows:

2 FLRA No. 5

MS. GEORGIA E. RAYMAN
707 NORTH CALVERT STREET
BALTIMORE, MARYLAND 21202

RE: SOCIAL SECURITY ADMINISTRATION, HEADQUARTERS
BUREAUS AND OFFICES IN BALTIMORE AND SSA
LOCAL 1923, AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO (ABLES, ARBITRATOR), Case
No. 0-AR-48

DEAR MS. RAYMAN:

THIS REFERS TO YOUR EXCEPTIONS TO THE ARBITRATOR'S AWARD IN THE
ABOVE-ENTITLED CASE, FILED WITH THE AUTHORITY ON OCTOBER 5, 1979.

SECTION 2425.1(A) OF THE AUTHORITY'S RULES OF PROCEDURE (44 F.R.
44740 ET SEQ., COPY ENCLOSED) PROVIDES, "EITHER PARTY TO ARBITRATION
UNDER THE PROVISIONS OF CHAPTER 71 OF TITLE 5 OF THE UNITED STATES CODE
MAY FILE AN EXCEPTION TO AN ARBITRATOR'S AWARD RENDERED PURSUANT TO THE
ARBITRATION."

IN THIS CASE, THE ARBITRATOR'S OPINION AND AWARD CLEARLY INDICATE
THAT TWO PARTIES (THE UNION AND THE AGENCY) PARTICIPATED IN THE
ARBITRATION PROCEEDING. THUS, IT DOES NOT APPEAR FROM THE ARBITRATOR'S
OPINION AND AWARD THAT YOU, ONE OF THE GRIEVANTS, PARTICIPATED AS A
"PARTY" IN THE PROCEEDING BEFORE THE ARBITRATOR. CONSEQUENTLY, YOU ARE
NOT ENTITLED TO FILE AN EXCEPTION UNDER SECTION 2425.1(A) OF THE
AUTHORITY'S RULES.

ACCORDINGLY, AND APART FROM OTHER CONSIDERATIONS, /1/ YOUR EXCEPTIONS
TO THE ARBITRATOR'S AWARD IN THE ABOVE-ENTITLED CASE ARE HEREBY
DISMISSED.

FOR THE AUTHORITY

SINCERELY,

HAROLD D. KESSLER

EXECUTIVE DIRECTOR

CC: (W/C OF EXCEPTIONS)

R. A. MATTHEWS

SSA

/1/ IN THIS REGARD, SECTION 2425.1(B) OF THE AUTHORITY'S RULES OF
PROCEDURE SPECIFY THAT THE TIME LIMIT FOR FILING AN EXCEPTION TO AN
ARBITRATOR'S AWARD IS 30 DAYS BEGINNING ON THE DATE OF THE AWARD. THE
SUBJECT AWARD IS DATED JUNE 26, 1979; ANY EXCEPTIONS TO THAT AWARD WERE
DUE IN THE OFFICE OF THE AUTHORITY NO LATER THAN THE CLOSE OF BUSINESS
ON JULY 26, 1979; AND, AS INDICATED ABOVE, YOUR EXCEPTIONS WERE NOT
FILED WITH THE AUTHORITY UNTIL OCTOBER 5, 1979. THUS, THOSE EXCEPTIONS
APPEAR TO HAVE BEEN UNTIMELY FILED.