Department of the Navy, Consolidated Civilian Personnel Office, Naval Base Police, Pearl Harbor (Activity) and Local R-12-195, International Brotherhood of Police Officers, National Association of Government Employees (Union) (Authority decision, June 25, 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

A police officers union filed exceptions to an arbitration award involving Pearl Harbor naval base police. The Authority found the filing untimely under its regulations. It dismissed the exceptions without reviewing the award’s substance.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Union exceptions dismissed as untimely.
• Key point: Late exceptions could not be accepted for review.

Full text (FLRA public release)

[ v03 p472 ]

03:0472(72)AR

The decision of the Authority follows:

3 FLRA No. 72

DEPARTMENT OF THE NAVY,
CONSOLIDATED CIVILIAN PERSONNEL
OFFICE, NAVAL BASE POLICE,
PEARL HARBOR
(Activity)

and

LOCAL R-12-195, INTERNATIONAL
BROTHERHOOD OF POLICE OFFICERS/
NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES
(Union)

Case No. 0-AR-90

ORDER DISMISSING EXCEPTIONS

ON APRIL 25, 1980, LOCAL R-12-195, INTERNATIONAL BROTHERHOOD OF
POLICE OFFICERS/NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES (THE
UNION), FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR RONALD C. BROWN IN
THE INSTANT CASE WITH THE AUTHORITY, PURSUANT TO SECTION 2425.1 OF THE
AUTHORITY'S REGULATIONS (5 C.F.R. 2425.1(1980)). 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 SUBMISSION,
IS DATED MARCH 25, 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 APRIL 23, 1980. HOWEVER, AS STATED
ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL
APRIL 25, 1980. IN THIS REGARD, THE AUTHORITY IS NOT EMPOWERED TO
EXTEND OR WAIVE THE TIME LIMIT FOR FILING EXCEPTIONS TO ARBITRATORS'
AWARDS.

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 25, 1980

SAMUEL A. CHAITOVITZ, EXECUTIVE DIRECTOR

SERVICE SHEET

COPIES OF THE AUTHORITY'S ORDER OF JUNE 25, 1980, IN CASE NO. SENT TO
THE FOLLOWING:

MR. ELBRIDGE W. SMITH

SHIRLEY & JORDAN

ATTORNEYS AT LAW

P.O. BOX 2660

HONOLULU, HAWAII 96803

MR. EARL N. AOKI

DEPARTMENT OF THE NAVY

CONSOLIDATED CIVILIAN PERSONNEL

OFFICE, PEARL HARBOR

4300 RADFORD DRIVE

HONOLULU, HAWAII 96818