Navy Resale System Field Support Office, Commissary Store Division, Little Creek and National Association of Government Employees, Local R4-45 (Authority decision, April 8, 1983)

Final FLRA decision. The Authority dismissed exceptions to an arbitration award under 5 U.S.C. § 7122 without a merits ruling. 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 decision does not address an unfair labor practice.

Plain-English summary

The union sought review of a Navy commissary arbitration award dated January 31, 1983. The Authority calculated that exceptions were due March 1. The union filed March 3. The Authority dismissed the exceptions as untimely without reviewing the award's merits.

Decision snapshot

• Authority: Arbitration exception filing limit under 5 U.S.C. § 7122(b).
• Outcome: Union exceptions dismissed as untimely; award not reviewed on the merits.
• Key point: The Authority could not waive a filing delay of two days.

Full text (FLRA public release)

[ v12 p3 ]

12:0003(1)AR

The decision of the Authority follows:

12 FLRA No. 1

NAVY RESALE SYSTEM FIELD SUPPORT OFFICE,
COMMISSARY STORE DIVISION, NAVAL
AMPHIBIOUS BASE, LITTLE CREEK,
NORFOLK, VIRGINIA
(Activity)

and

NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, LOCAL R4-45
(Union)

Case No. 0-AR-523

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator Arthur Eliot Berkeley 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 31, 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 March 1, 1983. However, the exceptions were not filed until March 3, 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.

Accordingly, as the Union's exceptions were untimely filed, they are hereby dismissed. For the Authority. Issued, Washington, D.C., April 8, 1983 James J. Shepard, Executive Director