VA Regional Office Denver and AFGE Local 1557 (Authority decision, August 27, 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

The Denver VA office filed exceptions to an arbitration award two days after they were due. The Authority held that the filing period could not be waived or extended. It dismissed the exceptions without reviewing the award.

Decision snapshot

• Authority: 5 U.S.C. § 7122(b).
• Outcome: Agency exceptions dismissed as untimely.
• Key point: The Authority measured timeliness by receipt of the exceptions.

Full text (FLRA public release)

[ v09 p1071 ]

09:1071(152)AR

The decision of the Authority follows:

9 FLRA No. 152

VETERANS ADMINISTRATION REGIONAL OFFICE,
DENVER, COLORADO
(Activity)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1557
(Union)

Case No. O-AR-416

ORDER DISMISSING EXCEPTIONS

THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
ARBITRATOR PATRICIA L. WIGGLESWORTH 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 ACTIVITY'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 ACTIVITY'S
SUBMISSION, IS DATED JUNE 29, 1982. THEREFORE, UNDER THE ABOVE-CITED
PROVISIONS, THE ACTIVITY'S EXCEPTIONS WERE DUE IN THE NATIONAL OFFICE OF
THE AUTHORITY BEFORE THE CLOSE OF BUSINESS ON JULY 28, 1982. HOWEVER,
THE ACTIVITY'S EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL JULY
30, 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 ACTIVITY'S EXCEPTIONS WERE UNTIMELY FILED, THE
EXCEPTIONS ARE HEREBY DISMISSED.

FOR THE AUTHORITY.

ISSUED, WASHINGTON, D.C., AUGUST 27, 1982

JAMES J. SHEPARD, EXECUTIVE DIRECTOR