Naval Air Station, Cecil Field, Florida (Activity) and International Association of Machinists and Aerospace Workers, Naval Air Lodge 1630 (Union) (Authority decision, August 21, 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 Cecil Field union filed exceptions to an arbitration award dated June 6, 1981. They were due July 6 but filed on July 13. The Authority said it could not extend or waive the filing period 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: The exceptions missed the thirty day deadline.

Full text (FLRA public release)

[ v06 p454 ]

06:0454(79)AR

The decision of the Authority follows:

6 FLRA No. 79

NAVAL AIR STATION, CECIL FIELD,
FLORIDA
(Activity)

and

INTERNATIONAL ASSOCIATION OF
MACHINISTS AND AEROSPACE WORKERS,
NAVAL AIR LODGE 1630
(Union)

Case No. O-AR-262

ORDER DISMISSING EXCEPTIONS

ON JULY 13, 1981, INTERNATIONAL ASSOCIATION OF MACHINISTS AND
AEROSPACE WORKERS (THE UNION) FILED EXCEPTIONS TO THE AWARD OF
ARBITRATOR SHERMAN DALLAS IN THE INSTANT CASE WITH THE AUTHORITY,
PURSUANT TO SECTION 2425.1 OF THE AUTHORITY'S REGULATIONS (5 C.F.R.
2425.1(1981)). 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)(1981)) 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 JUNE 6, 1981. THEREFORE, UNDER 2425.1(B) OF THE AUTHORITY'S
REGULATIONS, THE UNION'S EXCEPTIONS WERE DUE IN THE OFFICE OF THE
AUTHORITY NO LATER THAN JULY 6, 1981. HOWEVER, AS STATED ABOVE, THE
SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL JULY 13,
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 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 21, 1981

JAMES J. SHEPARD, EXECUTIVE DIRECTOR