Warner Robins Air Logistics Center and AFGE Local 987 (Authority decision, July 25, 1985)

Final FLRA decision. The Authority resolves exceptions to an arbitration award. Under 5 U.S.C. § 7123(a)(1), orders involving arbitral awards 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

AFGE mailed exceptions to an arbitration award in late June 1985. The Authority determined they had to be received by July 1, but they arrived at its national office on July 8. It dismissed the exceptions as untimely.

Decision snapshot

• Authority: Arbitration exceptions under 5 U.S.C. § 7122.
• Outcome: Exceptions dismissed as untimely.
• Key point: The postmark did not satisfy the receipt deadline.

Full text (FLRA public release)

[ v19 p255 ]

19:0255(33)AR

The decision of the Authority follows:

19 FLRA No. 33

WARNER ROBINS AIR LOGISTICS CENTER
Activity

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 987
Union

Case No. O-AR-1007

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator Jack Clarke 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. For the reason stated below, it has been determined that the exceptions must be dismissed as untimely filed.

The Arbitrator's award is dated May 28, 1985, and appears to have been served on the parties by mail on the same day.

Under section 7122(b) of the Statute, as amended, /1/ and section 2425.1 of the Authority's Rules and Regulations, as amended, /2/ which amendments are applicable to exceptions pending or filed with the Authority on or after March 2, 1984, and under sections 2429.21 and 242.922 of the Rules and Regulations, which are also applicable to computation of the time limit here involved, any exceptions to the Arbitrator's award in this case had to be filed, that is, received in the national office of the Authority not later than the close of business on July 1, 1985. Although the Union's exceptions are dated June 26, 1985, and the envelope containing them is postmarked June 27, 1985, the exceptions were not filed with the Authority at its national office in Washington, D.C., until July 8, 1985.

Accordingly, as the Union's exceptions were untimely filed, they are hereby dismissed. For the Authority. Issued, Washington, D.C., July 25, 1985 Harold D. Kessler Managing Director for Case Processing

--------------- FOOTNOTES$ ---------------

/1/ Section 7122(b) of the Statute was amended by the Civil Service Miscellaneous Amendments Act of 1983 (Pub. L. No. 98-224, Sec. 4, 98 Stat. 47, 48 (1984)) to provide that the 30-day period for filing exceptions to an arbitrator's award begins on the date the award is served on the filing party.

/2/ 49 Fed.Reg. 22623 (1984).