Naval Air Station Corpus Christi and NFFE Local 797 (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

A grievant filed exceptions to an August 23, 1981 arbitration award at Naval Air Station Corpus Christi. The Authority calculated a September 21 deadline, but the exceptions arrived September 30. It dismissed the filing as untimely without addressing the award's merits.

Decision snapshot

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

Full text (FLRA public release)

[ v07 p185 ]

07:0185(26)AR

The decision of the Authority follows:

7 FLRA No. 26

NAVAL AIR STATION CIVILIAN PERSONNEL
DEPARTMENT, CORPUS CHRISTI, TEXAS
(Activity)

and

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 797
(Union)

Case No. O-AR-291

ORDER DISMISSING EXCEPTIONS

THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
ARBITRATOR HARRY L. JOHNSON FILED BY THE GRIEVANT 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 GRIEVANT'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 GRIEVANT'S
SUBMISSION, IS DATED AUGUST 23, 1981. THERFORE, UNDER SECTION 2425.1(B)
OF THE AUTHORITY'S REGULATIONS, THE GRIEVANT'S EXCEPTIONS WERE DUE IN
THE OFFICE OF THE AUTHORITY NO LATER THAN SEPTEMBER 21, 1981. HOWEVER,
THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL SEPTEMBER
30, 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 GRIEVANT'S EXCEPTIONS WERE UNTIMELY FILED, AND
APART FROM OTHER CONSIDERATIONS, THE EXCEPTIONS ARE HEREBY DISMISSED.

FOR THE AUTHORITY.

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

JAMES J. SHEPARD, EXECUTIVE DIRECTOR