Social Security Administration, Field Assessment Office and AFGE Local 1501 (Authority decision, April 30, 1982)

Final FLRA decision. The Authority dismissed exceptions to an arbitration award under 5 U.S.C. § 7122(b). Orders under § 7122 are excluded from the ordinary 60-day judicial-review route by 5 U.S.C. § 7123(a)(1), unless they involve an unfair labor practice.

Plain-English summary

AFGE Local 1501 filed exceptions to an arbitration award involving the SSA Field Assessment Office. The award was dated March 3, 1982, and the Authority calculated an April 1 receipt deadline under the 30-day rule then in effect. It received the exceptions on April 5. Because the filing time could not be extended or waived, the Authority dismissed the exceptions without reviewing the award.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a)-(b).
• Outcome: Exceptions dismissed as untimely; the award was not reviewed on the merits.
• Key point: The Authority applied a nonextendable receipt deadline to the arbitration exceptions.

Full text (FLRA public release)

[ v08 p401 ]

08:0401(84)AR

The decision of the Authority follows:

8 FLRA No. 84

DEPARTMENT OF HEALTH AND HUMAN SERVICES,
SOCIAL SECURITY ADMINISTRATION,
FIELD ASSESSMENT OFFICE
(Activity)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1501, AFL-CIO
(Union)

Case No. O-AR-369

ORDER DISMISSING EXCEPTIONS

THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
ARBITRATOR R.A. SUTERMEISTER 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.

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 UNION'S
SUBMISSION, IS DATED MARCH 3, 1982. THERFORE, UNDER THE ABOVE-CITED
PROVISIONS OF THE STATUTE AND THE AUTHORITY'S RULES AND REGULATIONS, THE
UNION'S EXCEPTIONS HAD TO BE FILED WITH THE AUTHORITY, I.E., RECEIVED,
NO LATER THAN THE CLOSE OF BUSINESS ON APRIL 1, 1982. HOWEVER, THE
EXCEPTIONS WERE NOT FILED UNTIL APRIL 5, 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 UNION'S EXCEPTIONS WERE UNTIMELY FILED, THEY ARE
HEREBY DISMISSED.

FOR THE AUTHORITY.

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

JAMES J. SHEPARD, EXECUTIVE DIRECTOR