Pittsburgh Area Field Operations, Social Security Administration and American Federation of Government Employees, Local 3231 (Authority decision, March 3, 1983)

Final FLRA decision. The Authority dismissed exceptions to an arbitration award as untimely. Judicial review of an arbitration order is generally excluded by 5 U.S.C. § 7123(a)(1) unless it involves an unfair labor practice under § 7118. This order does not address an unfair labor practice.

Plain-English summary

The union challenged an arbitration award dated January 17, 1983. Its exceptions reached the Authority on February 16, one day after the filing deadline. The Authority said it could neither extend nor waive the deadline. It dismissed the exceptions without reaching the merits.

Decision snapshot

• Authority: Arbitration exceptions filing deadline under 5 U.S.C. § 7122(b) and 5 C.F.R. §§ 2425.1, 2429.21, 2429.23(d).
• Outcome: Union exceptions dismissed as untimely; award merits not reached.
• Key point: Exceptions received after the filing deadline must be dismissed.

Full text (FLRA public release)

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11:0491(85)AR

The decision of the Authority follows:

11 FLRA NO. 85

PITTSBURGH AREA FIELD OPERATIONS
SOCIAL SECURITY ADMINISTRATION

(Activity)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 3231

(Union)

Case No. 0-AR-515

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator Paul F. Probst 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, it has been determined that the Union's exceptions must be dismissed as untimely filed.

Under section 7122(b) of the Statute and section 2425.1 of the Authority's Rules and Regulations, the time limit for filing an exception to an arbitration award is 30 days beginning on and including the date of the award. Additionally, under section 2429.21 of the Rules and Regulations, any such exception must be received by the Authority before the close of business on the last day of the prescribed time limit.

The arbitrator's award in this case, as included in the Union's submission, is dated January 17, 1983. Therefore, under the Statute and the Authority's Rules and Regulations, the Union's exceptions had to be filed, i.e., received in the National Office of the Authority, no later than the close of business on February 15, 1983. However, the exceptions were not filed until February 16, 1983. In that regard, and as provided in section 2429.23(d) of the Rules and Regulations, the time limit for filing exceptions to an arbitration award may not be extended or waived by the Authority. [[ v11 p491 ]

Accordingly, as the Union's exceptions were untimely filed, they are hereby dismissed.

For the Authority.

Issued, Washington, D.C., March 3, 1983

James J. Shepard, Executive Director

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