American Federation of Government Employees, Local 2006, AFL-CIO (Union) and Social Security Administration (Activity) (Authority decision, August 12, 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 Social Security union mailed its arbitration exceptions on the May 15 due date, but sent them initially to the Authority’s Washington regional office. The national office did not receive them until May 26. The Authority required filing at the national office by 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: Mailing on the due date and delivery to the wrong office did not complete timely filing.

Full text (FLRA public release)

[ v06 p395 ]

06:0395(69)AR

The decision of the Authority follows:

6 FLRA No. 69

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, AFL-CIO,
LOCAL 2006
(Union)

and

SOCIAL SECURITY ADMINISTRATION
(Activity)

Case No. O-AR-237

ORDER DISMISSING EXCEPTIONS

ON MAY 15, 1981, THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
AFL-CIO, LOCAL 2006 (THE UNION) MAILED EXCEPTIONS TO THE AWARD OF
ARBITRATOR WALTER H. POWELL IN THE INSTANT CASE TO 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 INDICATED IN THE UNION'S
SUBMISSION, IS DATED APRIL 16, 1981. THEREFORE, UNDER SECTION 2425.1(B)
OF THE AUTHORITY'S REGULATIONS, THE UNION'S EXCEPTIONS WERE DUE IN THE
OFFICE OF THE AUTHORITY, IN WASHINGTON, D.C., NO LATER THAN MAY 15,
1981. THE U.S. POSTAL SERVICE POSTMARK ON THE ENVELOPE IN WHICH THE
EXCEPTIONS WERE FILED INDICATES THAT THE EXCEPTIONS WERE MAILED IN
PHILADELPHIA ON THE DUE DATE, MAY 15, 1981. THE EXCEPTIONS, MISFILED
INITIALLY WITH THE WASHINGTON REGIONAL OFFICE, WERE NOT FILED WITH THE
AUTHORITY UNTIL MAY 26, 1981. THUS, IT IS CLEAR THAT THE UNION'S
EXCEPTIONS WERE NOT PROPERLY FILED IN THE NATIONAL OFFICE OF THE
AUTHORITY BY MAY 15, 1981, AS REQUIRED. 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., AUGUST 12, 1981

JAMES J. SHEPARD, EXECUTIVE DIRECTOR