American Federation of Government Employees, Local 1612, AFL-CIO (Union) and U.S. Department of Justice, Bureau of Prisons, U.S. Medical Center for Federal Prisoners, Springfield, Missouri (Activity) (Authority decision, June 2, 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 agency challenged an arbitration award dated October 3, 1980. The parties later asked the arbitrator for clarification, but he declined to issue another opinion. The Authority held that the thirty day exception period still ran from the original award date and dismissed the December filing as late.

Decision snapshot

• Authority: 5 U.S.C. § 7122(b).
• Outcome: Agency exceptions dismissed as untimely.
• Key point: A later request for clarification did not restart the exception period.

Full text (FLRA public release)

[ v06 p5 ]

06:0005(3)AR

The decision of the Authority follows:

6 FLRA No. 3

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
AFL-CIO, LOCAL 1612
Union

and

U.S. DEPARTMENT OF JUSTICE,
BUREAU OF PRISONS, U.S. MEDICAL
CENTER FOR FEDERAL PRISONERS,
SPRINGFIELD, MISSOURI
Activity

Case No. O-AR-175

ORDER DISMISSING EXCEPTIONS

ON DECEMBER 22, 1980, PURSUANT TO SECTION 2425.1 OF THE AUTHORITY'S
RULES AND REGULATIONS (5 CFR 2425.1), THE AGENCY FILED EXCEPTIONS TO THE
AWARD OF ARBITRATOR PAUL E. FITZSIMMONS. FOR THE REASONS THAT FOLLOW,
THE AGENCY EXCEPTIONS WERE NOT TIMELY FILED AND THEREFORE MUST BE
DISMISSED.

SECTION 7122(B) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
STATUTE PROVIDES IN PERTINENT PART:

IF NO EXCEPTION TO AN ARBITRATOR'S AWARD IS FILED UNDER SUBSECTION
(A) OF THIS SECTION

DURING THE 30-DAY PERIOD BEGINNING ON THE DATE OF SUCH AWARD, THE
AWARD SHALL BE FINAL AND

BINDING. /1/

THUS, THERE IS A CLEAR STATUTORY REQUIREMENT THAT EXCEPTIONS TO
ARBITRATORS' AWARDS BE FILED WITH 30 DAYS FROM THAT DATE OF THE AWARD.

THE ARBITRATOR'S AWARD HEREIN, INCLUDED IN THE AGENCY'S SUBMISSION,
IS DATED OCTOBER 3, 1980. HOWEVER, THE AGENCY'S EXCEPTIONS WERE NOT
FILED WITH THE AUTHORITY UNTIL DECEMBER 22, 1980. WITH RESPECT TO THE
TIMELINESS OF ITS EXCEPTIONS, THE AGENCY EXPLAINS THAT ON NOVEMBER 15,
1980, THE PARTIES JOINTLY REQUESTED THE ARBITRATOR TO CLARIFY HIS AWARD.
ON NOVEMBER 21, 1980, THE ARBITRATOR RESPONDED THAT HE WAS WITHOUT
AUTHORITY TO GIVE AN ADDITIONAL OPINION, BUT HE DID OFFER HIS PERSONAL
VIEW AS TO THE PARTIES' REQUEST FOR CLARIFICATION. ON THIS BASIS THE
AGENCY MAINTAINS THAT THE PERIOD FOR FILING ITS EXCEPTIONS COMMENCED ON
NOVEMBER 21, 1980, RATHER THAN ON THE DATE OF THE AWARD. HOWEVER, UNDER
THE PLAIN LANGUAGE OF SECTION 7122(B) OF THE STATUTE AND SECTION
2425.1(B) OF THE AUTHORITY'S RULES AND REGULATIONS, THE TIME LIMIT FOR
FILING EXCEPTIONS RUNS FROM THE DATE OF THE AWARD ITSELF. CONSEQUENTLY,
THE AGENCY'S EXCEPTIONS WERE NOT TIMELY FILED AND THE AUTHORITY IS NOT
EMPOWERED TO EXTEND OR WAIVE THE STATUTORY TIME LIMIT FOR FILING
EXCEPTIONS TO ARBITRATION AWARDS.

ACCORDINGLY, BECAUSE THE AGENCY'S EXCEPTIONS WERE NOT TIMELY FILED,
AND APART FROM OTHER CONSIDERATIONS, THE EXCEPTIONS ARE ORDERED
DISMISSED.

ISSUED, WASHINGTON, D.C., JUNE 2, 1981

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

LEON B. APPLEWHAITE, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY

--------------- FOOTNOTES: ---------------

/1/ MOREOVER, SECTION 2425.1(B) OF THE AUTHORITY'S RULES AND
REGULATIONS PROVIDES:

THE TIME LIMIT FOR FILING AN EXCEPTION TO AN ARBITRATION AWARD IS
THIRTY (30) DAYS

BEGINNING ON THE DATE OF THE AWARD.