Veterans Administration Medical Center, Phoenix, Arizona (Activity) and American Federation of Government Employees, Local 2382, AFL-CIO (Union) (Authority decision, June 3, 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 Phoenix veterans center union challenged an arbitration award dated April 8, 1981. Its exceptions were due May 7 but filed May 8. The Authority said it could not extend or waive the deadline and dismissed the exceptions without reaching the award.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Union exceptions dismissed as untimely.
• Key point: Filing one day after the thirty day deadline prevented review.

Full text (FLRA public release)

[ v06 p17 ]

06:0017(8)AR

The decision of the Authority follows:

6 FLRA No. 8

VETERANS ADMINISTRATION
MEDICAL CENTER
PHOENIX, ARIZONA
(Activity)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES (AFL-CIO), LOCAL 2382
(Union)

Case No. O-AR-228

ORDER DISMISSING EXCEPTIONS

ON MAY 8, 1981, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES (THE
UNION) FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR DONALD DAUGHTON 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 APRIL 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 MAY 7, 1981. HOWEVER, AS STATED ABOVE,
THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL MAY 8,
1981. IN THIS REGARD, THE AUTHORITY IS NOT EMPOWERED TO EXTEND OR WAIVE
THE TIME LIMIT FOR FILING EXCEPTIONS TO ARBITRATORS' 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 3, 1981

JAMES J. SHEPARD, EXECUTIVE DIRECTOR