Department of the Army, Fort Drum and National Association of Government Employees, Local R2-61 (Authority decision, January 28, 1982)

Final FLRA decision. The Authority dismissed the Army'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

Fort Drum filed exceptions to an arbitrator's award in a dispute with NAGE Local R2-61. The award was dated October 28, 1981, and the Authority identified November 27 as the filing deadline under the then applicable 30-day rule. The exceptions reached the Authority on December 7. The Authority held that it could not extend or waive the deadline and dismissed them without reaching 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: Agency exceptions dismissed as untimely.
• Key point: Exceptions filed after the regulatory deadline could not be reviewed.

Full text (FLRA public release)

[ v07 p754 ]

07:0754(123)AR

The decision of the Authority follows:

7 FLRA No. 123

DEPARTMENT OF THE ARMY,
FORT DRUM, NEW YORK
(Activity)

and

NATIONAL ASSOCIATION
OF GOVERNMENT EMPLOYEES,
LOCAL R2-61
(Union)

Case No. O-AR-323

ORDER DISMISSING EXCEPTIONS

THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
ARBITRATOR DANIEL C. WILLIAMS FILED BY THE ACTIVITY 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(B)(1981)). FOR THE REASONS STATED BELOW,
IT HAS BEEN DETERMINED THAT THE ACTIVITY'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 ACTIVITY'S
SUBMISSION, IS DATED OCTOBER 28, 1981. THEREFORE, UNDER SECTION
2425.1(B) OF THE AUTHORITY'S REGULATIONS, THE ACTIVITY'S EXCEPTIONS WERE
DUE IN THE OFFICE OF THE AUTHORITY NO LATER THAN NOVEMBER 27, 1981.
HOWEVER, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL
DECEMBER 7, 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 ACTIVITY'S EXCEPTIONS WERE UNTIMELY FILED, AND
APART FROM OTHER CONSIDERATIONS, THE EXCEPTIONS ARE HEREBY DISMISSED.

FOR THE AUTHORITY.

ISSUED, WASHINGTON, D.C., JANUARY 28, 1982

JAMES J. SHEPARD, EXECUTIVE DIRECTOR