Oklahoma City Air Logistics Center, Tinker Air Force Base and American Federation of Government Employees, Local 916 (Authority decision, January 28, 1988)

Final FLRA decision. The Authority denies a union exception to an arbitration award dismissing an employee's performance appraisal grievance as untimely. Under 5 U.S.C. § 7123(a)(1), an order involving an arbitral award is generally excluded from judicial review unless it involves an unfair labor practice under 5 U.S.C. § 7116. This decision does not decide an unfair labor practice.

Plain-English summary

AFGE Local 916 challenged an employee's performance appraisal at Tinker Air Force Base. An arbitrator found that the union had missed filing deadlines at two steps of the negotiated grievance process and had not properly requested an extension. He therefore dismissed the grievance without deciding its merits. The union argued that the arbitrator should have reached the appraisal issue because it had tried to file on time. The Authority treated that objection as disagreement with the arbitrator's procedural ruling and denied the exception.

Decision snapshot

• Authority: Arbitration exceptions under 5 U.S.C. § 7122(a).
• Outcome: Union exception denied; grievance remained dismissed as untimely.
• Key point: Disagreement with an arbitrator's deadline ruling did not show a defect in the award.

Full text (FLRA public release)

[ v30 p1151 ]

30:1151(125)AR

The decision of the Authority follows:

30 FLRA NO. 125
30 FLRA 1151

28 JAN 1988

OKLAHOMA CITY AIR
LOGISTICS CENTER,
TINKER AIR FORCE BASE,
OKLAHOMA

Activity

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL NO. 916

Union

Case No. O-AR-1454

DECISION

I. Statement of the Case

This matter is before the Authority on an exception to the award of Arbitrator I.B. Helburn. The Arbitrator found that the grievance was not arbitrable because the Union failed to properly request an extension of time and thereafter failed to timely file the grievance at two steps of the grievance procedure. The Union filed the exception under section 7122(a) of the Federal Service Labor - Management Relations Statute (the Statute) and part 2425 of the Authority's Rules and Regulations. We conclude that the Union has not established that the award is deficient because the Arbitrator neglected to rule on the merits of the case. Accordingly, we deny the exception.

II. Background and Arbitrator's Award

The Union filed a grievance claiming that the grievant's performance appraisal violated the parties' collective bargaining agreement and applicable rules and regulations. The grievance was ultimately submitted to arbitration where a threshold issue was raised over whether the grievance was arbitrable. The Arbitrator determined that the Union's processing of the grievance failed to comply with the procedural requirements of the parties' agreement, specifically the filing period requirements at both steps 2 and 3 of the negotiated grievance procedure. Consequently, the Arbitrator ruled that the grievance was not arbitrable.

III. Discussion

The union contends that the award is deficient because the Arbitrator neglected to rule on the merits of the case. The Union argues that the Arbitrator should have found the grievance arbitrable because the agreement requirements are flexible and honest attempts were made by the Union to present the grievance in a timely manner.

We conclude that the Union has not established that the Arbitrator's award is deficient on any of the grounds set forth in section 7122(a) of the Statute. Specifically, the Union has failed to establish that the award is contrary to any law, rule, or regulation or that it is deficient on other grounds similar to those applied by Federal courts in private sector labor relations cases. The Union is simply disagreeing with the Arbitrator's ruling on procedural arbitrability. See, for example, Headquarters, Fort Sam Houston, Department of the Army and Local 2154, American Federation of Government Employees, AFL - CIO, 15 FLRA 974 (1984) (exception which simply disagrees with and arbitrator's determinations on the procedural arbitrability of the grievance provides no basis for finding the award deficient).

IV. Decision

The Union's exception is denied.

Issued, Washington, D.C., January 28, 1988.

Jerry L. Calhoun, Chairman

Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY