Bremerton Metal Trades Council and Puget Sound Naval Shipyard (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 Bremerton Metal Trades Council challenged an arbitration award involving Puget Sound Naval Shipyard. The award was dated September 28, 1979, but the union filed its exceptions on December 12. The Authority said the thirty day filing deadline had expired on October 29 and could not be extended or waived. It also observed that the filing would be late even if the period began when the union said it received the award. The exceptions were dismissed without review of 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: The thirty day deadline ran from the award date and had expired before filing.

Full text (FLRA public release)

[ v02 p402 ]

02:0402(53)AR

The decision of the Authority follows:

2 FLRA No. 53

MR. WILLIAM K. HOLT
REPRESENTATIVE
BREMERTON METAL TRADES COUNCIL
P.O. BOX 488
BREMERTON, WASHINGTON 98310

RE: BREMERTON METAL TRADES COUNCIL AND PUGET
SOUND NAVAL SHIPYARD (MCCAFFREE,
ARBITRATOR), Case No. 0-AR-61

DEAR MR. HOLT:

THIS REFERS TO YOUR EXCEPTIONS TO THE ARBITRATOR'S AWARD IN THE
ABOVE-ENTITLED CASE, FILED WITH THE AUTHORITY ON DECEMBER 12, 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 28, 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 29, 1979. /1/ HOWEVER, AS STATED ABOVE,
YOUR EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL DECEMBER 12,
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: D.B. FRANEY

NAVY

/1/ IN THIS REGARD, YOU STATE IN YOUR EXCEPTIONS THAT THE UNION DID
NOT RECEIVE A COPY OF THE ARBITRATOR'S AWARD UNTIL OCTOBER 25, 1979.
EVEN WERE THE 30-DAY PERIOD FOR FILING EXCEPTIONS IN THESE CIRCUMSTANCES
TO BEGIN ON THE DATE OF RECEIPT BY THE UNION OF A COPY OF THE
ARBITRATOR'S AWARD, AN ISSUE AS TO WHICH WE EXPRESS NO OPINION, THOSE
EXCEPTIONS WOULD HAVE BEEN DUE IN THE OFFICE OF THE AUTHORITY NO LATER
THAN NOVEMBER 23, 1979.