Veterans Administration Medical Center, Dayton, Ohio (Activity) and American Federation of Government Employees, Local 2209 (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

A union filed exceptions to a Dayton VA medical center arbitration award dated August 19, 1980. The Authority’s filing rule set September 17 as the deadline, but the union filed on September 22. The Authority dismissed the exceptions without reaching the award’s merits because it could not extend or waive that deadline.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Union exceptions dismissed as untimely; award merits not reviewed.
• Key point: The thirty-day exception deadline controlled.

Full text (FLRA public release)

[ v04 p360 ]

04:0360(46)AR

The decision of the Authority follows:

4 FLRA No. 46

VETERANS ADMINISTRATION MEDICAL
CENTER, DAYTON, OHIO
(Activity)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2209
(Union)

Case No. O-AR-142

ORDER DISMISSING EXCEPTIONS

ON SEPTEMBER 22, 1980, LOCAL 2209, AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO (THE UNION), FILED EXCEPTIONS TO THE AWARD OF
ARBITRATOR L. D. MAY 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 AUGUST 19, 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 SEPTEMBER 17, 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 UNION'S EXCEPTIONS WERE UNTIMELY FILED, AND APART
FROM OTHER CONSIDERATIONS, THE UNION'S EXCEPTIONS ARE 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
DAY TO THE FOLLOWING:

MS. MILDRED AMEY

PRESIDENT, LOCAL 2209

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, AFL-CIO

P.O. BOX 306

DUNBAR STATION

DAYTON, OHIO 45417

MR. RUBERT A. MILLER (W/C SUBJECT EXCEPTIONS)

VETERANS ADMINISTRATION MEDICAL CENTER

4100 WEST THIRD STREET

DAYTON, OHIO 45428