Marine Corps Logistics Base, Barstow, California (Activity) and American Federation of Government Employees, Local 1482, AFL-CIO (Union) (Authority decision, September 29, 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 Marine Corps Logistics Base union challenged an arbitration award dated July 15, 1981. Its exceptions were due at the Authority’s national office by August 13. The union first sent them to a regional office on August 18, and the national office received them on August 24. The Authority dismissed the exceptions as late without deciding the merits.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a), 5 U.S.C. § 7122(b).
• Outcome: Union exceptions dismissed as untimely.
• Key point: Filing in the wrong office after the deadline did not make the exceptions timely.

Full text (FLRA public release)

[ v06 p706 ]

06:0706(123)AR

The decision of the Authority follows:

6 FLRA No. 123

MARINE CORPS LOGISTICS
BASE, BARSTOW, CALIFORNIA
(Activity)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO,
LOCAL 1482
(Union)

Case No. O-AR-274

ORDER DISMISSING EXCEPTIONS

THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
ARBITRATOR JOSEPH F. GENTILE FILED BY THE UNION PURSUANT TO SECTION
7122(A) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS, STATUTE (5
C.F.R. 7122(A)) AND SECTION 2425.1 OF THE AUTHORITY'S RULES AND
REGULATIONS (5 C.F.R. 2425.1). FOR THE REASONS STATED BELOW, IT HAS
BEEN DETERMINED THAT THE UNION'S EXCEPTIONS MUST BE DISMISSED AS
UNTIMELY FILED.

SECTION 2425.1(B) OF THE AUTHORITY'S REGULATIONS, IMPLEMENTING
SECTION 7122(B) OF THE STATUTE, PROVIDES THAT THE TIME LIMIT FOR FILING
AN EXCEPTION TO AN ARBITRATION AWARD IS THIRTY DAYS BEGINNING ON AND
INCLUDING THE DATE OF THE AWARD. ADDITIONALLY, UNDER SECTIONS 2429.21
AND 2429.24(B) AND APPENDIX A OF THE REGULATIONS, ANY SUCH EXCEPTION
MUST BE FILED WITH THE NATIONAL OFFICE OF THE AUTHORITY IN WASHINGTON,
D.C. AND RECEIVED IN THAT OFFICE BEFORE THE CLOSE OF BUSINESS ON THE
LAST DAY OF THE PRESCRIBED TIME LIMIT.

THE ARBITRATOR'S AWARD IN THIS CASE, AS INCLUDED WITH THE UNION'S
SUBMISSION, IS DATED JULY 15, 1981. THEREFORE, UNDER THE ABOVE-CITED
PROVISIONS OF THE AUTHORITY'S REGULATIONS, THE UNION'S EXCEPTIONS WERE
DUE IN THE NATIONAL OFFICE OF THE AUTHORITY, IN WASHINGTON, D.C., BEFORE
THE CLOSE OF BUSINESS ON AUGUST 13, 1981. HOWEVER, THE UNION'S
EXCEPTIONS, INITIALLY MISFILED WITH THE AUTHORITY'S LOS ANGELES REGIONAL
OFFICE ON AUGUST 18, 1981, WERE NOT PROPERLY FILED IN THE NATIONAL
OFFICE UNTIL AUGUST 24, 1981. THUS, WITHOUT PASSING UPON WHETHER A
WAIVER OF THE REQUIREMENT FOR FILING IN THE NATIONAL OFFICE MIGHT BE
WARRANTED IN THE CIRCUMSTANCES OF THIS CASE, IT IS CLEAR THAT THE
UNION'S EXCEPTIONS WERE NOT TIMELY FILED BY AUGUST 13, 1981, AS
REQUIRED. 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., SEPTEMBER 29, 1981

JAMES J. SHEPARD, EXECUTIVE DIRECTOR