Navy Supervisor of Shipbuilding Newport News and NAGE Local R4-2 (Authority decision, December 8, 1981)

Final FLRA decision. The Authority dismissed arbitration exceptions as untimely without deciding the award's merits. 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

NAGE Local R4-2 filed exceptions to a July 21, 1981 arbitration award. The Authority calculated an August 19 filing deadline, but the exceptions arrived August 20. It said the deadline could not be extended or waived and dismissed the filing without ruling on the award's merits.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Union's arbitration exceptions dismissed as untimely.
• Key point: A one-day delay prevented Authority review of the award.

Full text (FLRA public release)

[ v07 p311 ]

07:0311(48)AR

The decision of the Authority follows:

7 FLRA No. 48

UNITED STATES NAVY
AND SUPERVISOR OF SHIP BUILDING,
NEWPORT NEWS, VIRGINIA
(Activity)

and

NATIONAL ASSOCIATION
OF GOVERNMENT EMPLOYEES,
LOCAL R4-2
(Union)

Case No. O-AR-284

ORDER DISMISSING EXCEPTIONS

THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
ARBITRATOR ROY D. CROMWELL 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. SEC. 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 THE UNION'S
SUBMISSION, IS DATED JULY 21, 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 19, 1981. HOWEVER, THE
SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL AUGUST 20,
1981. IN THIS REGARD, THE AUTHORITY IS NOT EMPOWERED TO EXTEND OR WAIVE
THE TIME LIMIT FOR FILING EXCEPTIONS TO ARBITRATOR'S 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., DECEMBER 8, 1981

JAMES J. SHEPARD, EXECUTIVE DIRECTOR