SSA Region IV Atlanta and AFGE Local 2268 (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

SSA Region IV filed exceptions to an arbitration award two days after the statutory deadline. The Authority held that it could not waive or extend the deadline and dismissed the exceptions without reaching the award. The official order calls them the union’s exceptions in later sentences, although its opening identifies the activity as the filer.

Decision snapshot

• Authority: 5 U.S.C. § 7122(b).
• Outcome: Activity exceptions dismissed as untimely.
• Key point: Arbitration exceptions had to be received within the statutory period.

Full text (FLRA public release)

[ v09 p917 ]

09:0917(126)AR

The decision of the Authority follows:

9 FLRA No. 126

DEPARTMENT OF HEALTH AND HUMAN SERVICES,
SOCIAL SECURITY ADMINISTRATION,
REGION IV, ATLANTA, GEORGIA
(Activity)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 2268
(Union)

Case No. O-AR-409

ORDER DISMISSING EXCEPTIONS

THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
ARBITRATOR SIDNEY SHERMAN FILED BY THE ACTIVITY 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
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 2429.21 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 ACTIVITY'S
SUBMISSION, IS DATED JUNE 8, 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 JULY 7, 1982. HOWEVER,
THE UNION'S EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL JULY 9,
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., AUGUST 12, 1982

JAMES J. SHEPARD, EXECUTIVE DIRECTOR