American Federation of Government Employees, Local 3369, AFL-CIO, Regional Council (Union) and New York Region, Field Operations, Social Security Administration (Activity) (Authority decision, October 8, 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 Social Security union filed exceptions to an arbitration award one day after the regulatory deadline. The Authority determined the award date and filing date from the union’s own submission. It held that it could not extend or waive the filing period and dismissed the exceptions without reaching their merits.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Union exceptions dismissed as untimely.
• Key point: The Authority could not waive the deadline for arbitration exceptions.

Full text (FLRA public release)

[ v07 p8 ]

07:0008(2)AR

The decision of the Authority follows:

7 FLRA No. 2

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 3369,
REGIONAL COUNCIL
(Union)

and

NEW YORK REGION, FIELD OPERATIONS,
SOCIAL SECURITY ADMINISTRATION
(Activity)

Case No. O-AR-288

ORDER DISMISSING EXCEPTIONS

THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
ARBITRATOR WILLIAM W. WAITE FILED BY THE UNION PURSUANT TO SECTION
7122(A) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5
U.S.C. SEC. 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 EXCEPTIONS 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 AUGUST 25, 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 SEPTEMBER 23, 1981.
HOWEVER, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL
SEPTEMBER 24, 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., OCTOBER 8, 1981.

JAMES J. SHEPARD, EXECUTIVE DIRECTOR