Headquarters U.S. Army Materiel Development and Readiness Command (Activity) and National Federation of Federal Employees, Local 1332 (Union) (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 grievant challenged an Army Materiel Development and Readiness Command arbitration award dated May 27, 1981. The exceptions were due June 25 but filed June 30. The Authority said it could not extend or waive the deadline and dismissed the appeal without reaching the award’s merits.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Grievant’s exceptions dismissed as untimely.
• Key point: The exception reached the Authority after the thirty day deadline.

Full text (FLRA public release)

[ v06 p397 ]

06:0397(70)AR

The decision of the Authority follows:

6 FLRA No. 70

HEADQUARTERS U.S. ARMY MATERIEL
DEVELOPMENT AND READINESS COMMAND
(Activity)

and

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 1332
(Union)

Case No. O-AR-256

ORDER DISMISSING EXCEPTIONS

ON JUNE 30, 1981, MARY-MICHAEL MORRISSEY (THE GRIEVANT) FILED
EXCEPTIONS TO THE AWARD OF ARBITRATOR ABLES 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 GRIEVANT'S
SUBMISSION, IS DATED MAY 27, 1981. THEREFORE, UNDER SECTION 2425.1(B)
OF THE AUTHORITY'S REGULATIONS, THE GRIEVANT'S EXCEPTIONS WERE DUE IN
THE OFFICE OF THE AUTHORITY NO LATER THAN JUNE 25, 1981. HOWEVER, AS
STATED ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY
UNTIL JUNE 30, 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 GRIEVANT'S EXCEPTIONS WERE UNTIMELY FILED, AND
APART FROM OTHER CONSIDERATIONS, THE GRIEVANT'S APPEAL IS HEREBY
DISMISSED.

FOR THE AUTHORITY.

ISSUED, WASHINGTON, D.C., AUGUST 12, 1981

JAMES J. SHEPARD, EXECUTIVE DIRECTOR