Pacific Missile Test Center, Point Mugu, California (Activity) and Point Mugu Council of NAGE-NFFE (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 Point Mugu union filed exceptions to an arbitration award dated July 30, 1981. The exceptions were due August 28 but reached the Authority on August 31. 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 Authority counted the thirty day period from the date of the award.

Full text (FLRA public release)

[ v06 p708 ]

06:0708(124)AR

The decision of the Authority follows:

6 FLRA No. 124

PACIFIC MISSILE TEST CENTER,
POINT MUGU, CALIFORNIA
(Activity)

and

POINT MUGU COUNCIL
OF NAGE-NFFE
(Union)

Case No. O-AR-278

ORDER DISMISSING EXCEPTIONS

THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
ARBITRATOR WILLIAM RULE FILED BY THE UNION PURSUANT TO SECTION 7122(A)
OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C.
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 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.

THE ARBITRATOR'S AWARD IN THIS CASE, AS INCLUDED IN THE UNION'S
SUBMISSION, IS DATED JULY 30, 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 28, 1981. HOWEVER, THE
SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL AUGUST 31,
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 EXCEPTIONS ARE HEREBY DISMISSED.

FOR THE AUTHORITY.

ISSUED, WASHINGTON, D.C., SEPTEMBER 29, 1981

JAMES J. SHEPARD, EXECUTIVE DIRECTOR