AFGE Local 3615 and Social Security Administration, Office of Hearing and Appeals (Authority decision, May 20, 1985)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority involving an arbitral award. The arbitration exclusion in 5 U.S.C. § 7123(a)(1) generally limits judicial review of Authority orders involving arbitral awards.

Plain-English summary

AFGE Local 3615 filed exceptions to an arbitration award involving the Social Security Administration's Office of Hearing and Appeals. The Authority notified the union that its filing lacked information required by two parts of the procedural rule and gave it time to correct the deficiencies. The union made no submission within that period. The Authority dismissed the exceptions for failure to comply with its rules, without reaching the arbitration award's merits.

Decision snapshot

• Authority: Arbitration exception filing requirements under 5 C.F.R. § 2425.2.
• Outcome: Union exceptions dismissed for uncured filing deficiencies.
• Key point: The union did not correct its exceptions after notice and an opportunity to do so.

Full text (FLRA public release)

[ v18 p72 ]

18:0072(12)AR

The decision of the Authority follows:

18 FLRA No. 12

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 3615
Union

and

SOCIAL SECURITY ADMINISTRATION
OFFICE OF HEARING AND APPEALS
Activity

Case No. 0-AR-944

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator Robert B. Lubic filed by the Union pursuant to section 7122(a) of the Federal Service Labor-Management Relations Statute and section 2425.1 of the Authority's Rules and Regulations. By Authority letter dated April 9, 1985, the Union was informed that preliminary examination of the exceptions disclosed apparent deficiencies in meeting the requirements of the Authority's rules of procedure. Specifically, as was noted in the Authority's letter, the Union's exceptions failed to comply with section 2425.2(b) and (d) of the Regulations.

The Union was also advised in the Authority's letter that further processing of the exceptions was contingent upon compliance with the designated provision of the Authority's Regulations. In this regard, the Union was informed of the specific action that had to be taken to comply and complete the appeal, and was afforded time in which to take that action. Finally, the Union was advised that failure to comply with the cited requirement within the time limit provided could result in dismissal of the exceptions.

The Union has made no submission within the time limit provided. Accordingly, the exceptions are hereby dismissed for failure to comply with the Authority's Regulations. For the Authority. Issued, Washington, D.C., May 20, 1985 Harold D. Kessler Managing Director for Case Processing