Navy Public Works Center and Machinists Local Lodge 192 (Authority decision, August 27, 1982)

Final FLRA decision. The Authority resolves exceptions to an arbitral award under 5 U.S.C. § 7122. Judicial review under 5 U.S.C. § 7123(a)(1) generally does not extend to orders involving arbitral awards unless an order involves an unfair labor practice under § 7116. This order does not decide an unfair labor practice.

Plain-English summary

The union mailed exceptions to an arbitration award on the last day of the filing period, and they reached the Authority four days later. The Authority applied the deadline to receipt of the exceptions, not their postmark. It dismissed the filing as untimely without addressing the award’s merits.

Decision snapshot

• Authority: 5 U.S.C. § 7122(b).
• Outcome: Union exceptions dismissed as untimely.
• Key point: Mailing on the due date did not satisfy the receipt deadline.

Full text (FLRA public release)

[ v09 p1070 ]

09:1070(151)AR

The decision of the Authority follows:

9 FLRA No. 151

NAVY PUBLIC WORKS CENTER
(Activity)

and

INTERNATIONAL ASSOCIATION OF MACHINISTS
AND AEROSPACE WORKERS, LOCAL LODGE 192
(Union)

Case No. O-AR-252

ORDER DISMISSING EXCEPTIONS

THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
ARBITRATOR MITCHELL M. SHIPMAN FILED BY THE UNION PURSUANT TO SECTION
7122(A) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE AND
SECTION 2425.1 OF THE AUTHORITY'S RULES AND REGULATIONS. FOR THE
REASONS STATED BELOW, THE UNION'S EXCEPTIONS MUST BE DISMISSED AS
UNTIMELY.

UNDER SECTION 7122(B) OF THE STATUTE AND SECTION 2425.1(B) OF THE
AUTHORITY'S RULES AND REGULATIONS, THE TIME LIMIT FOR FILING AN
EXCEPTION TO AN ARBITRATION AWARD IS THIRTY DAYS BEGINNING ON AND
INCLUDING THE DATE ON THE AWARD. ADDITIONALLY, UNDER SECTION 2429.21 OF
THE RULES AND REGULATIONS, WHENEVER THE REGULATIONS REQUIRE THE FILING
OF A DOCUMENT, SUCH DOCUMENT MUST BE RECEIVED BY THE AUTHORITY BEFORE
THE CLOSE OF BUSINESS ON THE LAST DAY OF THE TIME LIMIT.

THE ARBITRATOR'S AWARD IN THIS CASE, AS INCLUDED IN THE UNION'S
SUBMISSION, IS DATED MAY 20, 1981. THEREFORE, UNDER THE ABOVE-CITED
PROVISIONS, THE UNION'S EXCEPTIONS WERE DUE IN THE NATIONAL OFFICE OF
THE AUTHORITY BEFORE THE CLOSE OF BUSINESS ON JUNE 18, 1981. HOWEVER
THE UNION'S EXCEPTIONS, POSTMARKED JUNE 18, 1981, WERE NOT FILED WITH
THE AUTHORITY UNTIL JUNE 22, 1981. IN THAT REGARD, THE AUTHORITY IS NOT
EMPOWERED TO WAIVE OR EXTEND THE TIME LIMIT FOR FILING EXCEPTIONS TO
ARBITRATION AWARDS.

ACCORDINGLY, AS THE UNION'S EXCEPTIONS WERE UNTIMELY FILED, THE
EXCEPTIONS ARE HEREBY DISMISSED.

FOR THE AUTHORITY.

ISSUED, WASHINGTON, D.C., AUGUST 27, 1982

JAMES J. SHEPARD, EXECUTIVE DIRECTOR