AFGE Local 1617 and San Antonio Air Logistics Command (Authority decision, September 30, 1982)

Final FLRA decision. The Authority resolves exceptions to an arbitral award under 5 U.S.C. § 7122. Judicial review under 5 U.S.C. § 7123(a)(1) generally does not extend to orders involving arbitral awards unless an order involves an unfair labor practice under § 7116. This order does not decide an unfair labor practice.

Plain-English summary

AFGE Local 1617 filed exceptions to an arbitration award involving the San Antonio Air Logistics Command at Kelly Air Force Base. The Authority found that the exceptions arrived after the statutory filing period. It dismissed them without reviewing the award’s merits.

Decision snapshot

• Authority: 5 U.S.C. § 7122(b).
• Outcome: Union exceptions dismissed as untimely.
• Key point: An exception must be received by the Authority within the filing period.

Full text (FLRA public release)

[ v10 p165 ]

10:0165(34)AR

The decision of the Authority follows:

10 FLRA No. 34

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1617
(Union)

and

SAN ANTONIO AIR LOGISTICS COMMAND,
KELLY AIR FORCE BASE, TEXAS
(Activity)

Case No. O-AR-402

ORDER DISMISSION EXCEPTIONS

THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
ARBITRATOR HAROLD R. AINSWORTH 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.

UNDER SECTION 7122(B) OF THE STATUTE AND SECTION 2425.1(B) OF THE
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 2429.21 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, WAS DATED APRIL 20, 1982. /1/ THEREFORE, UNDER THE
ABOVE-CITED PROVISIONS, THE UNION'S EXCEPTIONS WERE DUE IN THE NATIONAL
OFFICE OF THE AUTHORITY BEFORE THE CLOSE OF BUSINESS ON MAY 19, 1982.
HOWEVER, THE UNION'S EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL
JUNE 16, 1982.

IN THAT REGARD, THE AUTHORITY IS NOT EMPOWERED TO WAIVE OR EXTEND THE
TIME LIMIT 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., SEPTEMBER 30, 1982

JAMES J. SHEPARD, EXECUTIVE DIRECTOR

--------------- FOOTNOTES$ ---------------

/1/ ALTHOUGH THE AWARD ITSELF WAS NOT DATED, EVIDENCE SUBMITTED BY
THE ACTIVITY AND UNREFUTED BY THE UNION SHOWED THE DATE AS APRIL 20,
1982.