Naval Air Rework Facility, Norfolk, Virginia and IFPTE (Authority decision, April 15, 1982)

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

Plain-English summary

IFPTE submitted exceptions to a November 30, 1981 arbitration award involving a Norfolk naval facility. The rule then in force required receipt by the Authority’s national office by December 29. The union initially sent the filing to the wrong regional offices, and the national office did not receive it until February 18, 1982. The Authority dismissed the exceptions as untimely without reaching the award’s merits.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a)-(b).
• Outcome: Exceptions dismissed as untimely; merits not reviewed.
• Key point: Misdirected filings did not satisfy the nonextendable receipt deadline.

Full text (FLRA public release)

[ v08 p391 ]

08:0391(79)AR

The decision of the Authority follows:

8 FLRA No. 79

NAVAL AIR REWORK FACILITY,
NORFOLK, VIRGINIA
(Activity)

and

INTERNATIONAL FEDERATION OF
PROFESSIONAL AND TECHNICAL ENGINEERS
(Union)

Case No. O-AR-351

ORDER DISMISSING EXCEPTIONS

THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
ARBITRATOR PAUL J. FASSER, JR. 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 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 24.2924(B) AND APPENDIX A OF THE REGULATIONS, ANY SUCH EXCEPTION
MUST BE FILED WITH THE NATIONAL OFFICE OF THE AUTHORITY IN WASHINGTON,
D.C. AND RECEIVED IN THAT OFFICE BEFORE THE CLOSE OF BUSINESS ON THE
LAST DAY OF THE PRESCRIBED TIME LIMIT.

THE ARBITRATOR'S AWARD IN THIS CASE, AS INCLUDED IN THE UNION'S
SUBMISSION, IS DATED NOVEMBER 30, 1981. THEREFORE, UNDER THE
ABOVE-CITED PROVISIONS OF THE STATUTE AND 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, DATED DECEMBER 29, 1981, AND POSTMARKED
JANUARY 1, 1982, WERE NOT PROPERLY FILED IN THE NATIONAL OFFICE UNTIL
FEBRUARY 18, 1982. IN THAT REGARD, THE UNION'S EXCEPTIONS WERE
INITIALLY INCORRECTLY ADDRESSED TO THE AUTHORITY'S WASHINGTON REGIONAL
OFFICE AND THEN SUBSEQUENTLY ERRONEOUSLY SENT TO THE ATLANTA REGIONAL
OFFICE. IN ANY EVENT, WITHOUT PASSING UPON WHETHER A WAIVER OF THE
REQUIREMENT FOR FILING IN THE NATIONAL OFFICE MIGHT BE WARRANTED, IT IS
CLEAR THAT THE UNION'S EXCEPTIONS WERE NOT TIMELY FILED BY DECEMBER 29,
1982, AS REQUIRED. IN THIS LATTER REGARD, THE AUTHORITY IS NOT
EMPOWERED TO EXTEND OR WAIVE THE TIME LIMITS FOR FILING EXCEPTIONS TO
ARBITRATOR'S AWARDS.

ACCORDINGLY, AS THE UNION'S EXCEPTIONS WERE UNTIMELY FILED, AND APART
FROM OTHER CONSIDERATIONS, THE UNION'S APPEAL IS HEREBY DISMISSED.

FOR THE AUTHORITY.

ISSUED, WASHINGTON, D.C., APRIL 15. 1982

JAMES J. SHEPARD, EXECUTIVE DIRECTOR