Office of Hearings and Appeals, Social Security Administration, HEW (Activity) and Local 3615, American Federation 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

An AFGE local filed exceptions to an arbitration award concerning a Social Security hearings office. The Authority found the exceptions untimely under its rule. It dismissed them without deciding 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 review.

Full text (FLRA public release)

[ v03 p468 ]

03:0468(70)AR

The decision of the Authority follows:

3 FLRA No. 70

OFFICE OF HEARINGS AND APPEALS,
SOCIAL SECURITY ADMINISTRATION, HEW
(Activity)

and

LOCAL 3615, AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES
(Union)

Case No. 0-AR-94

ORDER DISMISSING EXCEPTIONS

ON MAY 9, 1980, LOCAL 3615, AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO (THE UNION), FILED EXCEPTIONS TO THE AWARD OF
ARBITRATOR ABRAHAM WEISS 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 APRIL 9, 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 MAY 8, 1980. HOWEVER, AS STATED ABOVE,
THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL MAY 9,
1980. IN THIS REGARD, THE AUTHORITY IS NOT EMPOWERED TO EXTEND OR WAIVE
THE TIME LIMIT FOR FILING EXCEPTIONS TO ARBITRATOR'S 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 DATED JUNE 25, 1980, IN CASE NO.
O-AR-94, SENT TO THE FOLLOWING:

MR. BRUCE C. RANSOM, JR.

PRESIDENT, LOCAL 3615

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, AFL-CIO

P.O. BOX 147

ARLINGTON, VIRGINIA 22210

MR. ALBERT K. BUHL

LABOR RELATIONS OFFICER

OFFICE OF HEARINGS AND APPEALS

SOCIAL SECURITY ADMINISTRATION

P.O. BOX 2518

WASHINGTON, D.C. 20013