Department of the Army, Watervliet Arsenal and NAGE Local R2-98 (Authority decision, April 8, 1982)

Final FLRA decision. The Authority dismissed exceptions to an arbitration award. Section 7123(a)(1) excludes orders under 5 U.S.C. § 7122 from the ordinary 60-day court-review route unless they involve an unfair labor practice under § 7118.

Plain-English summary

The Army’s Watervliet Arsenal filed exceptions to a December 15, 1981 arbitration award. The Authority calculated a January 13, 1982 receipt deadline under the 30-day rule then in effect. Although the Army arranged next-day commercial delivery on January 12, the Authority did not receive the exceptions until January 20. It dismissed them as untimely without reviewing the award.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a)-(b).
• Outcome: Exceptions dismissed as untimely; award merits not reviewed.
• Key point: Arranging a courier did not satisfy a deadline measured by actual receipt.

Full text (FLRA public release)

[ v08 p387 ]

08:0387(77)AR

The decision of the Authority follows:

8 FLRA No. 77

DEPARTMENT OF THE ARMY,
WATERVLIET ARSENAL
(Activity)

and

NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, LOCAL R2-98
(Union)

Case No. O-AR-338

ORDER DISMISSING EXCEPTIONS

THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
ARBITRATOR DANA E. EISCHEN FILED BY THE ACTIVITY PURSUANT TO SECTION
7122(A) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE AND
SECTION 2425.1 OF THE AUTHORITY'S RULES AND REGULATIONS. FOR THE
REASONS STATED BELOW, THE ACTIVITY'S EXCEPTIONS MUST BE DISMISSED AS
UNTIMELY FILED.

UNDER SECTION 7122(B) OF THE STATUTE AND SECTION 2425.1(B) OF THE
AUTHORITY'S RULES AND REGULATIONS, THE TIME LIMIT FOR FILING AN
EXCEPTION TO AN ARBITRATION AWARD IS THIRTY DAYS BEGINNING ON AND
INCLUDING THE DATE ON THE AWARD. ADDITIONALLY, UNDER SECTION 2429.21 OF
THE RULES AND REGULATIONS, WHENEVER THE REGULATIONS REQUIRE THE FILING
OF A DOCUMENT, SUCH DOCUMENT MUST BE RECEIVED BY THE AUTHORITY BEFORE
THE CLOSE OF BUSINESS ON THE LAST DAY OF THE TIME LIMIT.

THE ARBITRATOR'S AWARD IN THIS CASE, AS INCLUDED IN THE ACTIVITY'S
SUBMISSION, IS DATED DECEMBER 15, 1981. THEREFORE, UNDER THE
ABOVE-CITED PROVISIONS, THE ACTIVITY'S EXCEPTIONS WERE DUE IN THE
NATIONAL OFFICE OF THE AUTHORITY NO LATER THAN JANUARY 13, 1982. WHILE
IT APPEARS THAT THE ACTIVITY SOUGHT TO ACCOMPLISH TIMELY FILING BY
CONTRACTING WITH A COMMERCIAL COURIER ON JANUARY 12, 1982, FOR NEXT DAY
DELIVERY TO THE AUTHORITY, DUE TO A NUMBER OF CIRCUMSTANCES THE
EXCEPTIONS WERE NOT ACTUALLY DELIVERED TO THE AUTHORITY UNTIL JANUARY
20, 1982. IN THAT REGARD, THE AUTHORITY IS NOT EMPOWERED TO WAIVE OR
EXTEND THE TIME LIMITS FOR FILING EXCEPTIONS TO ARBITRATION AWARDS.

ACCORDINGLY, AS THE ACTIVITY'S EXCEPTIONS WERE UNTIMELY FILED, THE
EXCEPTIONS ARE HEREBY DISMISSED.

FOR THE AUTHORITY.

ISSUED, WASHINGTON, D.C., APRIL 8, 1982

JAMES J. SHEPARD, EXECUTIVE DIRECTOR