National Federation of Federal Employees, Local 1911 (Union) and U.S. Department of the Interior, Bureau of Land Management, Eugene, Oregon District Office (Activity) (Authority decision, August 31, 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 Bureau of Land Management union filed exceptions to an arbitration award dated July 9, 1981. The filing deadline was August 7, but the Authority received the exceptions on August 14. It held that the deadline could not be extended or waived and dismissed the appeal without reaching the award’s merits.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Union exceptions dismissed as untimely.
• Key point: The exception deadline ran from the date of the arbitration award.

Full text (FLRA public release)

[ v06 p475 ]

06:0475(89)AR

The decision of the Authority follows:

6 FLRA No. 89

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 1911
(Union)

and

U.S. DEPARTMENT OF THE INTERIOR,
BUREAU OF LAND MANAGEMENT, EUGENE,
OREGON DISTRICT OFFICE
(Activity)

Case No. O-AR-270

ORDER DISMISSING EXCEPTIONS

ON AUGUST 14, 1981, THE NATIONAL FEDERATION OF FEDERAL EMPLOYEES,
LOCAL 1911 (THE UNION) FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR EATON
H. CONANT 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 JULY 9, 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 AUGUST 7, 1981. HOWEVER, AS STATED
ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL
AUGUST 14, 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 31, 1981

JAMES J. SHEPARD, EXECUTIVE DIRECTOR