Veterans Administration Center, Richmond, Virginia and AFGE Local 2145 (Authority decision, April 30, 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

A grievant filed exceptions to an arbitration award involving the Richmond Veterans Administration Center and AFGE Local 2145. The award was dated February 4, 1982, and the Authority calculated a March 5 receipt deadline under the rule then in force. The exceptions arrived March 23, so the Authority dismissed them without considering the award. It also noted that the grievant appeared not to be a party to the arbitration and therefore might lack standing.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a)-(b).
• Outcome: Exceptions dismissed as untimely; merits not reviewed.
• Key point: The Authority could not extend or waive the filing deadline.

Full text (FLRA public release)

[ v08 p397 ]

08:0397(82)AR

The decision of the Authority follows:

8 FLRA No. 82

VETERANS ADMINISTRATION CENTER
RICHMOND, VIRGINIA
(Activity)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2145, AFL-CIO
(Union)

Case No. O-AR-362

ORDER DISMISSING EXCEPTIONS

THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
ARBITRATOR JAMES P. WHYTE FILED 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 SUBJECT 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 30 DAYS BEGINNING ON AND INCLUDING THE DATE
OF THE AWARD. ADDITIONALLY, UNDER SECTION 2429.21 OF THE RULES AND
REGULATIONS, ANY SUCH EXCEPTION MUST BE RECEIVED BY THE AUTHORITY 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 SUBMISSION
BEFORE THE AUTHORITY, IS DATED FEBRUARY 4, 1982. THEREFORE, UNDER THE
ABOVE-CITED PROVISIONS OF THE STATUTE AND THE AUTHORITY'S RULES AND
REGULATIONS, ANY EXCEPTIONS TO THE AWARD HAD TO BE FILED WITH THE
AUTHORITY, I.E., RECEIVED, NO LATER THAN THE CLOSE OF BUSINESS ON MARCH
5, 1982. HOWEVER, THE SUBJECT EXCEPTIONS WERE NOT FILED UNTIL MARCH 23,
1982. IN THAT REGARD, AND AS PROVIDED IN SECTION 2429.23(D) OF THE
RULES AND REGULATIONS, THE TIME LIMIT FOR FILING EXCEPTIONS TO AN
ARBITRATION AWARD MAY NOT BE EXTENDED OR WAIVED BY THE AUTHORITY.
ACCORDINGLY, AS THE SUBJECT EXCEPTIONS WERE UNTIMELY FILED, AND APART
FROM OTHER CONSIDERATIONS, /1/ THE EXCEPTIONS ARE HEREBY DISMISSED.

FOR THE AUTHORITY.

ISSUED, WASHINGTON, D.C., APRIL 30, 1982

JAMES J. SHEPARD, EXECUTIVE DIRECTOR

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

/1/ UNDER SECTION 2425.1(A) OF THE AUTHORITY'S RULES AND REGULATIONS,
ONLY A PARTY TO A PARTICULAR ARBITRATION MAY FILE AN EXCEPTION TO THE
ARBITRATOR'S WARD. IN THIS CASE, THE ARBITRATOR'S OPINION AND AWARD
CLEARLY INDICATE THAT THE PARTIES IN THE ARBITRATION PROCEEDING HERE
INVOLVED WERE THE ACTIVITY AND THE UNION. THUS, SINCE IT APPEARS THAT
THE GRIEVANT, WHO FILED THE INSTANT EXCEPTIONS, DID NOT PARTICIPATE AS A
"PARTY" IN THE PROCEEDING BEFORE THE ARBITRATOR, IT ALSO APPEARS THAT
THE GRIEVANT IS WITHOUT STANDING TO FILE THOSE EXCEPTIONS TO THE AWARD.