Marine Corps Logistics Base Barstow and AFGE Local 1482 (Authority decision, November 5, 1981)

Final FLRA decision. The Authority dismissed arbitration exceptions without a merits ruling. The order concerns an arbitral award under 5 U.S.C. § 7122; 5 U.S.C. § 7123(a) generally excludes such orders from ordinary judicial review unless an unfair labor practice is involved.

Plain-English summary

AFGE Local 1482 filed exceptions to a July 15, 1981 arbitration award. They were due at the Authority's national office by August 13, but the union filed in the Los Angeles regional office on August 18, and Washington received them in September. The Authority dismissed the exceptions as untimely without reviewing the award.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Union's arbitration exceptions dismissed as untimely.
• Key point: The filing missed the deadline even at the regional office.

Full text (FLRA public release)

[ v07 p183 ]

07:0183(25)AR

The decision of the Authority follows:

7 FLRA No. 25

MARINE CORPS LOGISTICS BASE,
BARSTOW, CALIFORNIA
(Activity)

and

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
LOCAL 1482
(Union)

Case No. O-AR-283

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
U.S.C. 7122(A)) AND SECTION 2425.1 OF THE AUTHORITY'S RULES AND
REGULATIONS (5 C.F.R. 2425.1(1981)). 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 A SUPPLEMENTAL
SUBMISSION TO THE AUTHORITY FROM THE UNION, IS DATED JULY 15, 1981.
THEREFORE, UNDER SECTION 2425.1(B) OF THE AUTHORITY'S REGULATIONS, THE
EXCEPTIONS WERE DUE IN THE NATIONAL OFFICE OF THE AUTHORITY NO LATER
THAN AUGUST 13, 1981. HOWEVER, THE SUBJECT EXCEPTIONS WERE NOT FILED
UNTIL AUGUST 18, 1981, ON WHICH DATE THE EXCEPTIONS WERE FILED IN THE
AUTHORITY'S LOS ANGELES REGIONAL OFFICE. THE LOS ANGELES REGIONAL
OFFICE FORWARDED THE EXCEPTIONS TO THE AUTHORITY AND THEY WERE RECEIVED
IN WASHINGTON, ON SEPTEMBER 11, 1981. IN THIS REGARD, THE AUTHORITY IS
NOT EMPOWERED TO EXTEND OR WAIVE THE TIME LIMIT FOR FILING EXCEPTIONS TO
ARBITRATORS' AWARDS. /1/

ACCORDINGLY, AS THE UNION'S EXCEPTIONS WERE UNTIMELY FILED, AND APART
FROM THE OTHER CONSIDERATIONS, THE EXCEPTIONS ARE HEREBY DISMISSED.

FOR THE AUTHORITY.

ISSUED, WASHINGTON, D.C., NOVEMBER 5, 1981.

JAMES J. SHEPARD, EXECUTIVE DIRECTOR

--------------- FOOTNOTES: ---------------

/1/ AS NOTED, THE SUBJECT EXCEPTIONS WERE FILED IN THE LOS ANGELES
REGIONAL OFFICE OF THE AUTHORITY ON AUGUST 18, 1981, THUS NOT MEETING
THE TIME LIMITS OF SECTION 2425.1 OF THE AUTHORITY'S REGULATIONS. IN
ADDITION, IT IS NOTED THAT SECTION 2429.24 OF THE AUTHORITY'S
REGULATIONS PROVIDES THAT DOCUMENTS FILED WITH THE AUTHORITY SHOULD BE
FILED IN THE AUTHORITY'S NATIONAL OFFICE IN WASHINGTON.