Bureau of the Public Debt (Activity) and National Treasury Employees Union (Union) (Authority decision, September 30, 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 Bureau of the Public Debt filed exceptions to an arbitration award dated August 21, 1980. Under the Authority’s filing rule, the exceptions were due September 19 but arrived September 22. The Authority said it could not extend or waive the filing period and dismissed the appeal without reviewing the award’s merits.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Agency exceptions dismissed as untimely; award merits not reviewed.
• Key point: The filing deadline could not be waived.

Full text (FLRA public release)

[ v04 p367 ]

04:0367(49)AR

The decision of the Authority follows:

4 FLRA No. 49

BUREAU OF THE PUBLIC DEBT
(Activity)

and

NATIONAL TREASURY EMPLOYEES
UNION
(Union)

Case No. O-AR-141

ORDER DISMISSING EXCEPTIONS

ON SEPTEMBER 22, 1980, THE BUREAU OF THE PUBLIC DEBT (THE ACTIVITY),
FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR LOUIS ARONIN 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 ACTIVITY'S
SUBMISSION, IS DATED AUGUST 21, 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 SEPTEMBER 19, 1980.
HOWEVER, AS STATED ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE
AUTHORITY UNTIL SEPTEMBER 22, 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 IS HEREBY
DISMISSED.

FOR THE AUTHORITY.

ISSUED, WASHINGTON, D.C., SEPTEMBER 30, 1980

HAROLD D. KESSLER, ACTING EXECUTIVE DIRECTOR

CERTIFICATE OF SERVICE

COPIES OF THE AUTHORITY'S ORDER IN THE INSTANT CASE WERE MAILED THIS
DATE TO THE FOLLOWING:

MR. WILLIAM L. BRANSFORD

OFFICE OF THE GENERAL COUNSEL

BUREAU OF THE PUBLIC DEBT

DEPARTMENT OF THE TREASURY

WASHINGTON, D.C. 20226

MR. RONALD L. FRAMPTON

NATIONAL FIELD REPRESENTATIVE

NATIONAL TREASURY EMPLOYEES UNION

1730 K STREET, NW., SUITE 1101

WASHINGTON, D.C. 20006