Veterans Administration, Buffalo Regional Office (Activity) and American Federation of Government Employees, Local 3314, AFL-CIO (Union) (Authority decision, September 29, 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 Buffalo VA regional office filed exceptions to an arbitration award dated August 13, 1980 and requested a stay. Its September 15 filing came after the September 11 deadline under the Authority’s thirty-day rule. The Authority dismissed both the exceptions and the stay request without reviewing the award.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Agency exceptions and stay request dismissed as untimely.
• Key point: The Authority could not extend the deadline for arbitration exceptions.

Full text (FLRA public release)

[ v04 p301 ]

04:0301(41)AR

The decision of the Authority follows:

4 FLRA No. 41

VETERANS ADMINISTRATION,
BUFFALO REGIONAL OFFICE
(Activity)

and

LOCAL NO. 3314, AMERICAN
FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
(Union)

Case No. O-AR-139

ORDER DISMISSING EXCEPTIONS

ON SEPTEMBER 15, 1980, THE VETERANS ADMINISTRATION (AGENCY) FILED
EXCEPTIONS TO THE AWARD OF ARBITRATOR JACOB D. HYMAN IN THE INSTANT CASE
WITH THE AUTHORITY, PURSUANT TO SECTION 2524.1 OF THE AUTHORITY'S
REGULATIONS (5 C.F.R. 2425.1(1980)). THE AGENCY ALSO REQUESTED A STAY
OF THE AWARD. 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 AGENCY'S
SUBMISSION, IS DATED AUGUST 13, 1980. THEREFORE, UNDER SECTION
2425.1(0) OF THE AUTHORITY'S REGULATIONS, THE AGENCY'S EXCEPTIONS WERE
DUE IN THE OFFICE OF THE AUTHORITY NO LATER THAN SEPTEMBER 11, 1980.
HOWEVER, AS STATED ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE
AUTHORITY UNTIL SEPTEMBER 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 AGENCY'S EXCEPTIONS WERE UNTIMELY FILED, AND
APART FROM OTHER CONSIDERATIONS, THE AGENCY'S APPEAL AND REQUEST FOR A
STAY ARE HEREBY DISMISSED.

FOR THE AUTHORITY.

ISSUED, WASHINGTON, D.C., SEPTEMBER 29, 1980

HAROLD D. KESSLER, ACTING EXECUTIVE DIRECTOR

CERTIFICATE OF SERVICE

COPIES OF THE AUTHORITY'S ORDER DATED SEPTEMBER 29, 1980, IN THE
INSTANT CASE, SENT TO THE FOLLOWING:

MR. JAMES C. KLEIN

ATTORNEY

OFFICE OF THE GENERAL COUNSEL

VETERANS ADMINISTRATION

810 VERMONT AVENUE, NW.

WASHINGTON, D.C. 20420

MR. JERRY LORANG (W/C SUBJECT EXCEPTIONS)

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, AFL-CIO

111 WEST HURON STREET

BUFFALO, NEW YORK 14202