Immigration and Naturalization Service and AFGE Local 2805 (Authority decision, August 12, 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 2805 filed exceptions to an arbitration award with the Department of Labor before filing them with the Authority. The proper filing reached the Authority after the statutory deadline. The Authority held that it could not waive or extend the time limit and dismissed the exceptions without reviewing the award.

Decision snapshot

• Authority: 5 U.S.C. § 7122(b).
• Outcome: Union exceptions dismissed as untimely.
• Key point: Filing with another department did not satisfy the Authority’s deadline.

Full text (FLRA public release)

[ v09 p915 ]

09:0915(125)AR

The decision of the Authority follows:

9 FLRA No. 125

IMMIGRATION AND NATURALIZATION
SERVICE, U.S. DEPARTMENT OF JUSTICE
(Activity)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2805, AFL-CIO
(Union)

Case No. O-AR-404

ORDER DISMISSING EXCEPTIONS

THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
ARBITRATOR REGINALD ALLEYNE 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, IS DATED APRIL 29, 1982. 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 28, 1982. HOWEVER,
THE UNION'S EXCEPTIONS, INITIALLY MISFILED WITH THE DEPARTMENT OF LABOR,
WERE NOT PROPERLY FILED WITH THE AUTHORITY UNTIL JUNE 22, 1982. IN THAT
REGARD, THE AUTHORITY IS NOT EMPOWERED TO EXTEND OR WAIVE 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., AUGUST 12, 1982

JAMES J. SHEPARD, EXECUTIVE DIRECTOR