AFGE Local 1923 and Social Security Administration (Authority decision, December 3, 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 Social Security Administration challenged an arbitration award dated September 10, 1982. Its exceptions were due by October 12 but reached an Authority regional office October 19 and the national office October 20. The Authority held that the filing was late regardless of whether the regional office filing could be accepted. It dismissed the exceptions without reviewing the award.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Agency exceptions dismissed as untimely.
• Key point: The deadline for filing arbitration exceptions could not be extended or waived.

Full text (FLRA public release)

[ v10 p564 ]

10:0564(99)AR

The decision of the Authority follows:

10 FLRA No. 99

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1923
(Union)

and

SOCIAL SECURITY ADMINISTRATION
HEADQUARTERS, BUREAUS AND OFFICES
(Activity)

Case No. O-AR-446

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator Robert C. McCandles 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, it has been determined that the activity's exceptions must be dismissed as untimely filed.

Under section 7122(b) of the Statute and section 2425.1 of the Authority's Rules and Regulations, the time limit for filing an exception to an arbitration award is 30 days beginning on and including the date of the award. Additionally, under section 2429.21 of the Rules and Regulations, any such exception must be received by the Authority before the close of business on the last day of the prescribed time limit.

The arbitrator's award in this case, as included in the activity's submission, is dated September 10, 1982. Therefore, under the Statute and the Authority's Rules and Regulations, the activity's exceptions were due in the national office of the Authority in Washington, D.C., before the close of business on October 12, 1982. However, the activity's exceptions were not filed until October 19, 1982, on which date they were filed in the Authority's Washington Regional Office. The Washington Regional Office forwarded the exceptions to the Authority and they were received in the national office on October 20, 1982. Without passing on whether a waiver of the requirement for filing in the national office might be warranted, it is clear that the activity's exceptions were not timely filed by October 12, 1982, as required. In that regard, and as provided in section 2429.23(d) of the Rules and Regulations, the time limit for filing exceptions to an arbitration award may not be extended or waived by the Authority.

Accordingly, as the activity's exceptions were untimely filed, they are hereby dismissed. For the Authority. Issued, Washington, D.C., December 3, 1982 James J. Shepard, Executive Director