Charleston Naval Shipyard and Planners, Estimators and Progressmen’s Association Local 8 (Authority decision, August 31, 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 union filed exceptions to a Charleston Naval Shipyard arbitration award. The exceptions reached the Authority one day after the statutory deadline. The Authority held that it could not waive or extend that filing period 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: An exception had to reach the Authority by the filing deadline.

Full text (FLRA public release)

[ v09 p1085 ]

09:1085(156)AR

The decision of the Authority follows:

9 FLRA No. 156

DEPARTMENT OF THE NAVY,
CHARLESTON NAVAL SHIPYARD
(Activity)

and

PLANNERS, ESTIMATORS AND
PROGRESSMEN'S ASSOCIATION,
LOCAL NO. 8
(Union)

Case No. O-AR-429

ORDER DISMISSING EXCEPTIONS

THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
ARBITRATOR JAMES J. SHERMAN 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
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 UNION'S
SUBMISSION, IS DATED JULY 19, 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 AUGUST 17, 1982. HOWEVER,
THE UNION'S EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL AUGUST
18, 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 31, 1982

JAMES J. SHEPARD, EXECUTIVE DIRECTOR