American Federation of Government Employees, Local 2221, AFL-CIO (Union) and Newark Air Force Station (Activity) (Authority decision, June 27, 1980)

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

An AFGE local filed exceptions to an arbitration award involving Newark Air Force Station. The Authority found the filing untimely under its arbitration rule. It dismissed the exceptions without reviewing the award’s merits.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Union exceptions dismissed as untimely.
• Key point: The late filing prevented arbitration review.

Full text (FLRA public release)

[ v03 p493 ]

03:0493(77)AR

The decision of the Authority follows:

3 FLRA No. 77

LOCAL 2221 AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES, AFL-CIO
Union

and

NEWARK AIR FORCE STATION
Activity

Case No. 0-AR-80

ORDER DISMISSING EXCEPTIONS

ON MARCH 11, 1980, THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
AFL-CIO (THE UNION) FILED WITH THE AUTHORITY EXCEPTIONS TO THE AWARD OF
ARBITRATOR THOMAS J. COYNE IN THE INSTANT CASE, PURSUANT TO SECTION
2425.1 OF THE AUTHORITY'S REGULATIONS (5 C.F.R. 2425.1(1980)). THE
DEPARTMENT OF THE AIR FORCE FILED AN OPPOSITION TO THE UNION'S
EXCEPTIONS. FOR THE REASONS INDICATED BELOW, IT HAS BEEN DETERMINED
THAT THE SUBJECT EXCEPTIONS WERE UNTIMELY FILED AND CANNOT BE ACCEPTED
FOR REVIEW.

SECTION 2425.1(B) OF THE AUTHORITY'S REGULATIONS (5 C.F.R.
2425.1(B)(1980)) PROVIDES:

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 THE UNION'S EXCEPTIONS,
IS DATED FEBRUARY 10, 1980. THEREFORE, UNDER SECTION 2425.1(B) OF THE
AUTHORITY'S REGULATIONS, THE UNION'S EXCEPTIONS WERE DUE IN THE OFFICE
OF THE AUTHORITY NO LATER THAN MARCH 10, 1980.

HOWEVER, AS STATED ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH
THE AUTHORITY UNTIL MARCH 11, 1980. IN THIS REGARD, THE UNION'S
ALLEGATIONS, FILED WITH THE AUTHORITY ON MAY 16, 1980, RELATING TO
TOLLING THE APPLICABLE TIME LIMIT, INCLUDING THE UNION'S ALLEGATION
CONCERNING A DELAY IN RECEIPT OF A COPY OF THE SUBJECT AWARD BY THE
UNION'S NATIONAL OFFICE, DO NOT PROVIDE A BASIS FOR SUCH TOLLING.

ACCORDINGLY, AS THE UNION'S EXCEPTIONS WERE UNTIMELY FILED, AND APART
FROM OTHER CONSIDERATIONS, THE UNION'S APPEAL IS HEREBY DISMISSED.

FOR THE AUTHORITY.

ISSUED, WASHINGTON, D.C., JUNE 27, 1980

SAMUEL A. CHAITOVITZ, EXECUTIVE DIRECTOR

SERVICE SHEET

COPIES OF THE AUTHORITY'S ORDER DATED JUNE 27, 1980, IN CASE NO.
SENT TO THE FOLLOWING:

MS. JANE P. DANOWITZ

OFFICE OF THE GENERAL COUNSEL

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, AFL-CIO

1325 MASSACHUSETTS AVENUE, N.W.

WASHINGTON, D.C. 20005

MR. DON A. DRESSER, CHIEF

LABOR RELATIONS DIVISION

DIRECTORATE OF CIVILIAN PERSONNEL

DEPARTMENT OF THE AIR FORCE

WASHINGTON, D.C. 20330