Bremerton Metal Trades Council, United Association, Local 631 and Puget Sound Naval Shipyard (Authority decision, January 29, 1982)

Final FLRA decision. The Authority dismissed the union's exceptions to an arbitral award as untimely. Judicial review under 5 U.S.C. § 7123(a) generally does not extend to an Authority order involving an arbitral award under § 7122 unless it involves an unfair labor practice under § 7116. This decision does not state that it involves an unfair labor practice.

Plain-English summary

Bremerton Metal Trades Council, United Association Local 631, filed exceptions to an arbitrator's award concerning Puget Sound Naval Shipyard. The award was dated September 21, 1981, making the exceptions due by October 20 under the then applicable 30-day rule. The Authority received them on October 22. It held that it could not extend or waive the filing period and dismissed the exceptions without reviewing the award's merits.

Decision snapshot

• Authority: Arbitration exceptions under 5 U.S.C. § 7122(a) and 5 C.F.R. § 2425.1(b) (1981).
• Outcome: Union exceptions dismissed as untimely.
• Key point: The Authority applied the filing deadline measured from the award date and could not extend it.

Full text (FLRA public release)

[ v07 p787 ]

07:0787(133)AR

The decision of the Authority follows:

7 FLRA No. 133

BREMERTON METAL TRADES COUNCIL,
UNITED ASSOCIATION, LOCAL 631
(Union)

and

PUGET SOUND NAVAL SHIPYARD
(Activity)

Case No. O-AR-320

ORDER DISMISSING EXCEPTIONS

THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
ARBITRATOR KENNETH M. MCCAFFREE 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 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 OCTOBER 20, 1981.
HOWEVER, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL
OCTOBER 22, 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., JANUARY 29, 1982

JAMES J. SHEPARD, EXECUTIVE DIRECTOR