Ogden Air Logistics Center, Hill Air Force Base, Utah (Activity) and American Federation of Government Employees, Local 1592 (Union) (Authority decision, June 26, 1980)
Hill Air Force Base arbitration exceptions dismissed as late (FLRA 0-AR-99)
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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 involving Hill Air Force Base. The Authority found that the filing arrived after the deadline prescribed by its arbitration rule. It dismissed the exceptions without deciding the award’s merits.
Decision snapshot
- Authority: 5 U.S.C. § 7122(a).
- Outcome: Union exceptions dismissed as untimely.
- Key point: The filing deadline barred review.
Full text (FLRA public release)
[ v03 p477 ]
03:0477(74)AR
The decision of the Authority follows:
3 FLRA No. 74
OGDEN AIR LOGISTICS CENTER,
HILL AIR FORCE BASE, UTAH
(Activity)
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1592
(Union)
Case No. 0-AR-99
ORDER DISMISSING EXCEPTIONS
ON MAY 15, 1980, LOCAL 1592, AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO (THE UNION), FILED EXCEPTIONS TO THE AWARD OF
ARBITRATOR HUGH G. LOVELL 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 15, 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 14, 1980. HOWEVER, AS STATED ABOVE,
THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL MAY 15,
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 26, 1980
SAMUEL A. CHAITOVITZ, EXECUTIVE DIRECTOR
SERVICE SHEET
COPIES OF THE AUTHORITY'S ORDER, DATED JUNE 26, 1980, IN CASE NO.
O-AR-99, SENT TO THE FOLLOWING:
MR. JOSEPH ERVIN
LABOR RELATIONS SPECIALIST
CONTRACT AND APPEALS DIVISION
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
1325 MASSACHUSETTS AVENUE, N.W.
WASHINGTON, D.C. 20005
MR. DON. A. DRESSER, CHIEF
LABOR RELATIONS DIVISION
DIRECTORATE OF CIVILIAN PERSONNEL
DEPARTMENT OF THE AIR FORCE
WASHINGTON, .D.C. 20330
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