American Federation of Government Employees, Local 2094 and Veterans Administration Medical Center, New York (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

AFGE Local 2094 challenged an arbitrator's award concerning the Veterans Administration Medical Center in New York. The award was dated November 30, 1981, so the exceptions were due by December 29 under the then applicable 30-day filing rule. The Authority received the exceptions on December 30. It held that it could not extend or waive the deadline and dismissed the exceptions without considering 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: Exceptions received one day after the filing deadline could not be reviewed.

Full text (FLRA public release)

[ v07 p786 ]

07:0786(132)AR

The decision of the Authority follows:

7 FLRA No. 132

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2094, AFL-CIO
(Union)

and

VETERANS ADMINISTRATION
MEDICAL CENTER
NEW YORK, NEW YORK
(Activity)

Case No. O-AR-328

ORDER DISMISSING EXCEPTIONS

THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
ARBITRATOR ERIC J. SCHMERTZ 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 NOVEMBER 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 DECEMBER 29, 1981.
HOWEVER, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL
DECEMBER 30, 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