Federal Employees Metal Trades Council, Fort Benning, Georgia (Union) and United States Army Infantry Center, Fort Benning, Georgia (Activity) (Authority decision, August 26, 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

A Fort Benning union filed exceptions to an arbitration award dated February 8, 1981. The deadline was March 9, but the Authority received them on March 10. It held that it could not extend or waive the deadline and dismissed the exceptions without reaching the award’s merits.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Union exceptions dismissed as untimely.
• Key point: The exceptions arrived one day after the filing deadline.

Full text (FLRA public release)

[ v06 p462 ]

06:0462(83)AR

The decision of the Authority follows:

6 FLRA No. 83

FEDERAL EMPLOYEES METAL TRADES
COUNCIL, FORT BENNING, GEORGIA
(Union)

and

UNITED STATES ARMY INFANTRY CENTER,
FORT BENNING, GEORGIA
(Activity)

Case No. O-AR-202

ORDER DISMISSING EXCEPTIONS

ON MARCH 10, 1981, THE FEDERAL EMPLOYEES METAL TRADES COUNCIL OF FORT
BENNING, GEORGIA (THE UNION) FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR
SHERMAN DALLAS IN THE INSTANT CASE WITH THE AUTHORITY, PURSUANT TO
SECTION 2425.1 OF THE AUTHORITY'S REGULATIONS (5 C.F.R. 2425.1(1981)).
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)(1981)) 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 FEBRUARY 8, 1981. 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 MARCH 9, 1981. HOWEVER, AS STATED ABOVE,
THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL MARCH 10,
1981. IN THIS REGARD, THE AUTHORITY IS NOT EMPOWERED TO EXTEND OR WAIVE
THE TIME LIMIT FOR FILING EXCEPTIONS TO ARBITRATOR'S AWARDS.

ACCORDINGLY, AS THE UNION'S EXCEPTIONS WERE UNTIMELY FILED AND APART
FROM OTHER CONSIDERATIONS, THE UNION'S APPEAL IS HEREBY DISMISSED.

FOR THE AUTHORITY.

ISSUED, WASHINGTON, D.C., AUGUST 26, 1981

JAMES J. SHEPARD, EXECUTIVE DIRECTOR