Warner Robins Air Logistics Center, Robins Air Force Base, Georgia (Activity) and American Federation of Government Employees, Local 987, AFL-CIO (Union) (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

A Warner Robins Air Force Base union challenged an arbitration award dated March 23, 1981. Its exceptions were due April 21 but filed April 27. The Authority dismissed the exceptions as untimely without reviewing the award.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Union exceptions dismissed as untimely.
• Key point: The exceptions missed the thirty day filing period.

Full text (FLRA public release)

[ v06 p4 ]

06:0004(2)AR

The decision of the Authority follows:

6 FLRA No. 2

WARNER ROBINS AIR LOGISTICS CENTER,
ROBINS AIR FORCE BASE, GEORGIA
(Activity)

and

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
AFL-CIO, LOCAL 987
(Union)

Case No. O-AR-222

ORDER DISMISSING EXCEPTIONS

ON APRIL 27, 1981, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES (THE
UNION) FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR JACK CLARKE 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 MARCH 23, 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 APRIL 21, 1981. HOWEVER, AS STATED
ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL
APRIL 27, 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., JUNE 2, 1981

JAMES J. SHEPARD, EXECUTIVE DIRECTOR