United States Department of Labor, Labor Management Services Administration and National Union of Compliance Officers (Authority decision, December 31, 1979)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority involving an arbitral award under 5 U.S.C. § 7122. Judicial review under 5 U.S.C. § 7123(a) generally does not extend to such an order unless the order involves an unfair labor practice under 5 U.S.C. § 7116. This decision dismisses exceptions on procedural grounds and does not state that it involves an unfair labor practice.

Plain-English summary

The National Union of Compliance Officers filed exceptions to an arbitration award involving the Labor Management Services Administration. The award was dated September 26, 1979, making October 25 the deadline under the Authority's thirty day rule. The union filed on October 29. The Authority dismissed the appeal as untimely and did not review the award's merits.

Decision snapshot

• Authority: 5 U.S.C. § 7122; 5 C.F.R. § 2425.1(b).
• Outcome: Arbitration exceptions dismissed as untimely.
• Key point: Exceptions filed four days after the deadline could not be accepted for review.

Full text (FLRA public release)

[ v02 p346 ]

02:0346(44)AR

The decision of the Authority follows:

2 FLRA No. 44

MS. JOYCE E. CARNELL
VICE-PRESIDENT
NATIONAL UNION OF COMPLIANCE OFFICERS
252 MANTUA
PARK FOREST, ILLINOIS 60466

RE: UNITED STATES DEPARTMENT OF LABOR, LABOR
MANAGEMENT SERVICES ADMINISTRATION AND
NATIONAL UNION OF COMPLIANCE OFFICERS
(MEYERS, ARBITRATOR), Case No. 0-AR-52

DEAR MS. CARNELL:

THIS REFERS TO YOUR EXCEPTIONS TO THE ARBITRATOR'S AWARD IN THE
ABOVE-ENTITLED CASE, FILED WITH THE AUTHORITY ON OCTOBER 29, 1979.

FOR THE REASONS INDICATED BELOW, IT HAS BEEN DETERMINED THAT YOUR
EXCEPTIONS WERE UNTIMELY FILED AND CANNOT BE ACCEPTED FOR REVIEW.

SECTION 2425.1(B) OF THE REGULATIONS OF THE FEDERAL LABOR RELATIONS
AUTHORITY (COPY ENCLOSED) PROVIDES:

(B) THE TIME LIMIT FOR FILING AN EXCEPTION TO AN ARBITRATION AWARD IS
THIRTY (30) DAYS

BEGINNING ON THE DATE OF THE AWARD.

THE SUBJECT ARBITRATION AWARD, AS INCLUDED IN YOUR SUBMISSION, IS
DATED SEPTEMBER 26, 1979. THEREFORE, UNDER SECTION 2425.1(B) OF THE
AUTHORITY'S REGULATIONS, YOUR EXCEPTIONS WERE DUE IN THE OFFICE OF THE
AUTHORITY NO LATER THAN OCTOBER 25, 1979. HOWEVER, AS STATED ABOVE,
YOUR EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL OCTOBER 29,
1979. IN THIS REGARD, THE AUTHORITY IS NOT EMPOWERED TO EXTEND OR WAIVE
THE TIME LIMIT FOR FILING EXCEPTIONS TO ARBITRATORS' AWARDS.

ACCORDINGLY, AS YOUR EXCEPTIONS WERE UNTIMELY FILED, AND APART FROM
OTHER CONSIDERATIONS, YOUR APPEAL IS HEREBY DISMISSED.

FOR THE AUTHORITY.

SINCERELY,

SAMUEL A. CHAITOVITZ

EXECUTIVE DIRECTOR

ENCLOSURE

CC: S.K. CRONAN

LABOR