International Federation of Professional and Technical Engineers Local 4 and Portsmouth Naval Shipyard (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

IFPTE Local 4 filed exceptions to an arbitration award involving Portsmouth Naval Shipyard. The award was dated March 13, 1982, and the Authority calculated an April 12 receipt deadline under the 30-day rule then in effect. It received the exceptions on April 14. The Authority said that the time limit could not be extended or waived and dismissed the exceptions without reaching the award’s merits.

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 could not waive the deadline for receiving arbitration exceptions.

Full text (FLRA public release)

[ v08 p399 ]

08:0399(83)AR

The decision of the Authority follows:

8 FLRA No. 83

INTERNATIONAL FEDERATION OF PROFESSIONAL
AND TECHNICAL ENGINEERS, LOCAL 4
(Union)

and

PORTSMOUTH NAVAL SHIPYARD,
PORTSMOUTH, NEW HAMPSHIRE
(Activity)

Case No. O-AR-375

ORDER DISMISSING EXCEPTIONS

THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
ARBITRATOR WILLIAM S. DEVINO, 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 13, 1982. THERFORE, UNDER 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 CLOSE
OF BUSINESS ON APRIL 12, 1982. HOWEVER, THE EXCEPTIONS WERE NOT FILED
UNTIL APRIL 14, 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