Immigration and Naturalization Service, Department of Justice, U.S. Government and American Federation of Government Employees, Local No. 1656 (Authority decision, April 9, 1980)

Final FLRA decision. The Authority dismissed exceptions to an arbitration award as untimely without reviewing the award's merits. Under 5 U.S.C. § 7123(a)(1), an Authority order involving an arbitration award under § 7122 ordinarily is excluded from the 60-day court-review provision unless the order involves an unfair labor practice under § 7118.

Plain-English summary

AFGE Local 1656 filed exceptions to an arbitration award in a dispute with the Immigration and Naturalization Service. The award was dated February 11, 1980, making March 11 the filing deadline under the Authority's 30-day rule. The exceptions arrived on March 12. The Authority said it could not extend or waive that deadline and dismissed the appeal without considering the award's substance.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a); 5 C.F.R. § 2425.1(b).
• Outcome: Exceptions dismissed as untimely.
• Key point: The filing deadline ran from the award date and could not be waived.

Full text (FLRA public release)

[ v03 p34 ]

03:0034(5)AR

The decision of the Authority follows:

3 FLRA No. 5

Mr. Ronald D. King, Director
Contract and Appeals Division
American Federation of Government
Employees, Afl-cio
1325 Massachusetts Avenue, NW.
Washington, D.C. 20005

Re: Immigration And Naturalization
Service, Department of Justice
U.S. Government And American
Federation of Government
Employees, Local No. 1656
(Marlatt, Arbitrator), Case
No. 0-AR-81

DEAR MR. KING:

THIS REFERS TO YOUR EXCEPTIONS TO THE ARBITRATOR'S AWARD IN THE
ABOVE-ENTITLED CASE, DATED MARCH 6, 1980, AND FILED WITH THE AUTHORITY
ON MARCH 12, 1980. 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 AUTHORITY'S REGULATIONS (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 FEBRUARY 11, 1980. THEREFORE, UNDER SECTION 2425.1(B) OF THE
AUTHORITY'S REGULATIONS, YOUR EXCEPTIONS WERE DUE IN THE OFFICE OF THE
AUTHORITY NO LATER THAN MARCH 11, 1980. HOWEVER, AS STATED ABOVE, YOUR
EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL MARCH 12, 1980. 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: A. E. ROSS

JUSTICE