Department of the Air Force (Activity) and American Federation of Government Employees, Local No. 2840 (Union) (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

The Air Force filed exceptions to an arbitration award and requested a stay; OPM also sought to file a brief. The Authority found the exceptions untimely under its filing rule. It dismissed them without reaching the award’s merits.

Decision snapshot

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

Full text (FLRA public release)

[ v03 p526 ]

03:0526(83)AR

The decision of the Authority follows:

3 FLRA No. 83

DEPARTMENT OF THE AIR FORCE
(Activity)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL NO. 2840
(Union)

Case No. 0-AR-98

ORDER DISMISSING EXCEPTIONS

ON MAY 14, 1980, DEPARTMENT OF THE AIR FORCE (THE ACTIVITY) FILED
EXCEPTIONS TO THE AWARD OF ARBITRATOR PRESTON J. MOORE IN THE INSTANT
CASE WITH THE AUTHORITY, PURSUANT TO SECTION 2425.1 OF THE AUTHORITY'S
REGULATIONS (5 C.F.R. 2425.1(1980)). THE ACTIVITY ALSO REQUESTED A STAY
OF THE AWARD. FURTHER, ON JUNE 6, 1980, THE OFFICE OF PERSONNEL
MANAGEMENT (OPM) REQUESTED PERMISSION TO FILE A BRIEF AS AN AMICUS
CURIAE HEREIN; AND ON JUNE 17, 1980, THE UNION FILED AN OPPOSITION TO
THE ACTIVITY'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 ACTIVITY'S
SUBMISSION, IS DATED APRIL 14, 1980. THEREFORE, UNDER SECTION 2425.1(B)
OF THE AUTHORITY'S REGULATIONS, THE ACTIVITY'S EXCEPTIONS WERE DUE IN
THE OFFICE OF THE AUTHORITY NO LATER THAN MAY 13, 1980. HOWEVER, AS
STATED ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY
UNTIL MAY 14, 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 ACTIVITY'S EXCEPTIONS WERE UNTIMELY FILED, AND
APART FROM OTHER CONSIDERATIONS, THE ACTIVITY'S APPEAL AND REQUEST FOR A
STAY ARE HEREBY DISMISSED, AND OPM'S REQUEST TO FILE A BRIEF AS AN
AMICUS CURIAE IS DENIED.

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.
O-AR-98, SENT TO THE FOLLOWING:

MR. DON. A. DRESSER, CHIEF

LABOR RELATIONS DIVISION

DIRECTORATE OF CIVILIAN PERSONNEL

DEPARTMENT OF THE AIR FORCE

WASHINGTON, D.C. 20330

MR. RONALD D. KING, DIRECTOR

CONTRACT AND APPEALS DIVISION

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, AFL-CIO

1325 MASSACHUSETTS AVENUE, N.W.

WASHINGTON, D.C. 20005

MR. CHARLES FEIGENBAUM

DEPUTY ASSISTANT DIRECTOR

LABOR-MANAGEMENT RELATIONS

OFFICE OF PERSONNEL MANAGEMENT

1900 E STREET, N.W.

WASHINGTON, D.C. 20415