U.S. Department of Army, Army Material and Mechanics Research Center, Watertown, Massachusetts and American Federation of Government Employees, Local 3404, AFL-CIO (Authority decision, June 10, 1981)

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

An Army union’s arbitration exceptions were damaged in the mail, and the Authority requested a complete replacement and correction of other filing defects. The union made no compliant submission within the time allowed. The Authority dismissed the appeal without reviewing the award.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Arbitration appeal dismissed for uncorrected filing defects.
• Key point: The union did not complete its exceptions after notice and time to cure.

Full text (FLRA public release)

[ v06 p42 ]

06:0042(13)AR

The decision of the Authority follows:

6 FLRA No. 13

MR. DANIEL KEARNEY
NATIONAL VICE PRESIDENT
1ST DISTRICT
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
295 TURNPIKE STREET (RT. 138)
CANTON, MASSACHUSETTS 02021

RE: U.S. DEPT. OF ARMY, ARMY
MATERIAL AND MECHANICS RESEARCH
CENTER, WATERTOWN, MASSACHUSETTS
AND AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, LOCAL 3404,
AFL-CIO (ARBITRATOR, HOROWITZ),
Case No. O-AR-170

DEAR MR. KEARNEY:

BY AUTHORITY LETTER OF JANUARY 27, 1981, YOU WERE ADVISED THAT THE
UNION'S EXCEPTIONS WERE DAMAGED AND PORTIONS THEREOF WERE LOST IN THE
MAIL. THEREFORE YOU WERE REQUESTED TO REFILE A COMPLETE COPY OF THE
SUBJECT EXCEPTIONS WITH THE AUTHORITY FOR FURTHER PROCESSING OF THE
CASE.

PRELIMINARY EXAMINATION OF YOUR APPEAL IN THE ABOVE-ENTITLED CASE
REVEALED A NUMBER OF APPARENT DEFICIENCIES IN MEETING THE UNION'S
REQUIREMENTS OF THE AUTHORITY'S REGULATIONS (A COPY OF WHICH WAS
ENCLOSED FOR YOUR INFORMATION). THE PERTINENT SECTIONS OF THE RULES
INCLUDED SECTIONS 2425.1(D), 2425.2(D), 2429.27(A), (B) AND (C), AND
2429.25. YOU WERE ALSO ADVISED IN THE AUTHORITY'S LETTER:

FURTHER PROCESSING OF THE EXCEPTIONS IS CONTINGENT UPON COMPLIANCE
WITH THE PROVISIONS OF

THE AUTHORITY'S REGULATIONS. ACCORDINGLY, YOU ARE HEREBY GRANTED 21
DAYS FROM THE DATE OF

THIS LETTER TO COMPLY AND COMPLETE THE APPEAL.

FAILURE TO COMPLY WITH THE ABOVE REQUIREMENTS WITHIN THE TIME LIMIT
PRESCRIBED MAY RESULT

IN DISMISSAL OF THE APPEAL.

YOU HAVE MADE NO SUBMISSION IN COMPLIANCE WITH THE ABOVE
REQUIREMENTS, WITHIN THE TIME LIMIT PROVIDED. ACCORDINGLY, YOUR APPEAL
IS HEREBY DISMISSED FOR FAILURE TO COMPLY WITH THE AUTHORITY'S RULES.

FOR THE AUTHORITY.

SINCERELY,

JAMES J. SHEPARD
EXECUTIVE DIRECTOR

CC: E. COLEMAN
ARMY