National Archives and Records Service (Activity) and American Federation of Government Employees, Local 2578, 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

The National Archives challenged an arbitration award dated April 11, 1981. Its exceptions were due May 11 but filed May 15. The Authority dismissed them as untimely without reviewing the award. The filing period could not be extended or waived.

Decision snapshot

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

Full text (FLRA public release)

[ v06 p16 ]

06:0016(7)AR

The decision of the Authority follows:

6 FLRA No. 7

NATIONAL ARCHIVES AND
RECORDS SERVICE
(Activity)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 2578
(Union)

Case No. O-AR-229

ORDER DISMISSING EXCEPTIONS

ON MAY 15, 1981, THE NATIONAL ARCHIVES AND RECORDS SERVICE (THE
ACTIVITY) FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR ARNOLD ORDMAN 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 ACTIVITY'S
SUBMISSION, IS DATED APRIL 11, 1981. THEREFORE, UNDER SECTION 2425.1(B)
OF THE AUTHORITY'S REGULATIONS, THE ACTIVITY'S EXCEPTIONS WERE DUE IN
THE OFFICE OF THE AUTHORITY NO LATER THAN MAY 11, 1981. HOWEVER, AS
STATED ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY
UNTIL MAY 15, 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 ACTIVITY'S EXCEPTIONS WERE UNTIMELY FILED, AND
APART FROM OTHER CONSIDERATIONS, THE ACTIVITY'S APPEAL IS HEREBY
DISMISSED.

FOR THE AUTHORITY.

ISSUED, WASHINGTON, D.C., JUNE 3, 1981

JAMES J. SHEPARD, EXECUTIVE DIRECTOR