Department of the Air Force, Scott Air Force Base, Illinois and National Association of Government Employees, Local R7-23 (Authority decision, May 13, 1982)

Final FLRA decision. The Authority dismisses untimely exceptions to an arbitration award. Under 5 U.S.C. § 7123(a)(1), orders involving arbitral awards are generally excluded from judicial review unless they involve an unfair labor practice. This decision does not state that it involves one.

Plain-English summary

The union challenged an arbitrator's award concerning Scott Air Force Base. The award was dated March 22, 1982, making April 20 the last day for the Authority to receive exceptions under the then applicable 30-day rule. The union used a commercial courier, but delivery occurred on April 21. The Authority held it could not waive or extend the filing limit and dismissed the exceptions without reaching their merits.

Decision snapshot

• Authority: Arbitration exception deadline under 5 U.S.C. § 7122(b).
• Outcome: Union's exceptions dismissed as untimely.
• Key point: A courier delivery after the deadline does not make arbitration exceptions timely.

Full text (FLRA public release)

[ v08 p536 ]

08:0536(104)AR

The decision of the Authority follows:

8 FLRA No. 104

DEPARTMENT OF THE AIR FORCE,
SCOTT AIR FORCE BASE, ILLINOIS
(Activity)

and

NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, LOCAL R7-23
(Union)

Case No. O-AR-379

ORDER DISMISSING EXCEPTIONS

THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
ARBITRATOR MILTON O. TALENT FILED BY THE UNION PURSUANT TO SECTION
7122(A) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE AND
SECTION 2425.1 OF THE AUTHORITY'S RULES AND REGULATIONS. FOR THE
REASONS STATED BELOW, 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 THIRTY DAYS BEGINNING ON AND
INCLUDING THE DATE ON THE AWARD. ADDITIONALLY, UNDER SECTION 2429.1 OF
THE RULES AND REGULATIONS, WHENEVER THE REGULATIONS REQUIRE THE FILING
OF A DOCUMENT, SUCH DOCUMENT MUST BE RECEIVED BY THE AUTHORITY BEFORE
THE CLOSE OF BUSINESS ON THE LAST DAY OF THE TIME LIMIT.

THE ARBITRATOR'S AWARD IN THIS CASE, AS INCLUDED IN THE UNION'S
SUBMISSION, IS DATED MARCH 22, 1982. THEREFORE, UNDER THE ABOVE-CITED
PROVISIONS, THE UNION'S EXCEPTIONS WERE DUE IN THE NATIONAL OFFICE OF
THE AUTHORITY NO LATER THAN APRIL 20, 1982. WHILE IT APPEARS THAT THE
UNION SOUGHT TO ACCOMPLISH TIMELY FILING BY CONTRACTING WITH A
COMMERCIAL COURIER FOR DELIVERY TO THE AUTHORITY, THE EXCEPTIONS WERE
NOT DELIVERED TO THE AUTHORITY UNTIL APRIL 21, 1982. IN THAT REGARD,
THE AUTHORITY IS NOT EMPOWERED TO WAIVE OR EXTENT THE TIME LIMITS FOR
FILING EXCEPTIONS TO ARBITRATION AWARDS.

ACCORDINGLY, AS THE UNION'S EXCEPTIONS WERE UNTIMELY FILED, THE
EXCEPTIONS ARE HEREBY DISMISSED.

FOR THE AUTHORITY.

ISSUED, WASHINGTON, D.C., MAY 13, 1982

JAMES J. SHEPARD, EXECUTIVE DIRECTOR