Marine Corps Twentynine Palms and AFGE Local 2018 (Authority decision, November 25, 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 2018 filed exceptions to an arbitrator's September 30, 1981 award at the Marine Corps center in Twentynine Palms. The Authority calculated an October 29 deadline, but the exceptions arrived October 30. It dismissed the filing as untimely without reviewing the award's merits.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Union arbitration exceptions dismissed as untimely.
• Key point: The thirty-day exceptions period began on the award date.

Full text (FLRA public release)

[ v07 p274 ]

07:0274(41)AR

The decision of the Authority follows:

7 FLRA No. 41

U.S. MARINE CORPS, MARINE CORPS
AIR COMMAND COMBAT CENTER/COMBINED
ARMS COMMAND, TWENTYNINE PALMS,
CALIFORNIA
(Activity)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2018
(Union)

Case No. O-AR-307

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 THE UNION'S
SUBMISSION, IS DATED SEPTEMBER 30, 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 OCTOBER 29, 1981.
HOWEVER, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL
OCTOBER 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 UNION'S EXCEPTIONS WERE UNTIMELY FILED, AND APART
FROM OTHER CONSIDERATIONS, THE EXCEPTIONS ARE HEREBY DISMISSED.

FOR THE AUTHORITY.

ISSUED, WASHINGTON, D.C., NOVEMBER 25, 1981

JAMES J. SHEPARD, EXECUTIVE DIRECTOR