AFGE Local 1917 and Immigration and Naturalization Service (Authority decision, November 30, 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 1917 filed exceptions to an August 12, 1981 arbitration award involving the Immigration and Naturalization Service. The Authority calculated a September 10 deadline, but the filing arrived September 29. It dismissed the exceptions as untimely and did not address the award's merits.

Decision snapshot

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

Full text (FLRA public release)

[ v07 p289 ]

07:0289(43)AR

The decision of the Authority follows:

7 FLRA No. 43

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, AFL-CIO,
LOCAL 1917
(Union)

and

IMMIGRATION AND NATURALIZATION
SERVICE
(Activity)

Case No. O-AR-289

ORDER DISMISSING EXCEPTIONS

THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
ARBITRATOR CHARLES T. SCHMIDT, JR., 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 NOTED IN THE UNION'S
EXCEPTIONS, IS DATED AUGUST 12, 1981. THEREFORE, UNDER SECTION
2425.1(B) OF THE AUTHORITY'S REGULATIONS, THE EXCEPTIONS WERE DUE IN THE
OFFICE OF THE AUTHORITY NO LATER THAN SEPTEMBER 10, 1981. HOWEVER, THE
SUBJECT EXCEPTIONS WERE NOT FILED UNTIL SEPTEMBER 29, 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., NOVEMBER 30, 1981

JAMES J. SHEPARD, EXECUTIVE DIRECTOR