The National Council of Field Labor Locals, Local 2513, American Federation of Government Employees (Union) and U.S. Department of Labor (Agency) (Authority decision, March 24, 1982)

Final FLRA decision. The Authority resolved exceptions to an arbitral award. Under 5 U.S.C. § 7123(a)(1), an order involving an arbitral award is generally excluded from judicial review unless it involves an unfair labor practice under 5 U.S.C. § 7116; this decision does not decide one.

Plain-English summary

A DOL union filed exceptions to an arbitration award after the statutory 30-day period. The exceptions were initially misdirected to a former address and later filed in the Authority’s New York regional office. The Authority held that they did not reach its national office by the December 29 deadline and that it could not extend or waive the filing period. It dismissed the exceptions without reaching the award’s merits.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a), 5 U.S.C. § 7122(b).
• Outcome: The arbitration exceptions were dismissed as untimely.
• Key point: The statutory deadline could not be extended or waived.

Full text (FLRA public release)

[ v08 p264 ]

08:0264(60)AR

The decision of the Authority follows:

8 FLRA No. 60

THE NATIONAL COUNCIL OF FIELD LABOR
LOCALS, LOCAL 2513, AMERICAN
FEDERATION OF GOVERNMENT EMPLOYEES
(Union)

and

U.S. DEPARTMENT OF LABOR
(Agency)

Case No. O-AR-344

ORDER DISMISSING EXCEPTIONS

THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
ARBITRATOR GEORGE NICOLAU FILED BY THE UNION PURSUANT TO SECTION 7122(A)
OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C. SEC.
7122(A)) AND SECTION 2425.1 OF THE AUTHORITY'S RULES AND REGULATIONS (5
C.F.R. SEC. 2425.1 (1981)). FOR THE REASONS STATED BELOW, IT HAS BEEN
DETERMINED THAT THE UNION'S EXCEPTIONS MUST BE DISMISSED AS UNTIMELY
FILED.

SECTION 7122(B) OF THE STATUTE AND SECTION 2425.1(B) OF THE
AUTHORITY'S REGULATIONS PROVIDE THAT THE TIME LIMIT FOR FILING AN
EXCEPTION TO AN ARBITRATION AWARD IS THIRTY DAYS BEGINNING ON AND
INCLUDING THE DATE OF THE AWARD. ADDITIONALLY, UNDER SECTIONS 2429.21
AND 2429.24(B) AND APPENDIX A OF THE REGULATIONS, ANY SUCH EXCEPTION
MUST BE FILED WITH THE NATIONAL OFFICE IN WASHINGTON, D.C. AND RECEIVED
IN THAT OFFICE BEFORE THE CLOSE OF BUSINESS ON THE LAST DAY OF THE
PRESCRIBED TIME PERIOD.

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 NATIONAL OFFICE OF THE AUTHORITY IN WASHINGTON, D.C., BEFORE
THE CLOSE OF BUSINESS ON DECEMBER 29, 1981. HOWEVER, THE UNION'S
EXCEPTIONS, INITIALLY MISFILED WITH THE AUTHORITY'S NEW YORK REGIONAL
OFFICE, /1/ WERE NOT PROPERLY FILED IN THE NATIONAL OFFICE UNTIL
FEBRUARY 1, 1982. THUS, WITHOUT PASSING UPON WHETHER A WAIVER OR THE
REQUIREMENT FOR FILING IN THE NATIONAL OFFICE MIGHT BE WARRANTED IN THE
CIRCUMSTANCES OF THIS CASE, IT IS CLEAR THAT THE UNION'S EXCEPTIONS WERE
NOT TIMELY FILED BY DECEMBER 29, 1981, AS REQUIRED. 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., MARCH 24, 1982

JAMES J. SHEPARD, EXECUTIVE DIRECTOR

--------------- FOOTNOTES: ---------------

/1/ THE UNION'S EXCEPTIONS, DATED DECEMBER 30, 1981, WERE ORIGINALLY
MAILED TO THE AUTHORITY'S FORMER ADDRESS, 1900 E STREET, NW.,
WASHINGTON, D.C., AND WERE RETURNED TO THE SENDER, AT WHICH TIME THE
UNION MISFILED THE EXCEPTIONS WITH THE AUTHORITY'S NEW YORK REGIONAL
OFFICE ON JANUARY 29, 1982.