American Federation of Government Employees, Local 1897, AFL-CIO (Union) and Commander, Eglin Air Force Base, Florida (Activity) (Authority decision, June 23, 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

An Air Force union challenged an arbitration award dated May 1, 1981. Its exceptions were due June 1 but were filed June 2. The Authority said it could not extend or waive the filing period and dismissed the exceptions without reviewing 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 p149 ]

06:0149(29)AR

The decision of the Authority follows:

6 FLRA No. 29

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
LOCAL 1897, AFL-CIO
(Union)

and

COMMANDER,
EGLIN AIR FORCE BASE,
FLORIDA
(Activity)

Case No. O-AR-243

ORDER DISMISSING EXCEPTIONS

ON JUNE 2, 1981, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL
1897, AFL-CIO (THE UNION) FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR
JAMES E. FOLEY 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 MAY 1, 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 JUNE 1, 1981. HOWEVER, AS STATED ABOVE,
THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL JUNE 2,
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 23, 1981

JAMES J. SHEPARD, EXECUTIVE DIRECTOR