AFGE Local 1533 and Naval Supply Center, Oakland (Authority decision, November 10, 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 1533 sought Authority review of an arbitration award dated September 13, 1982. Its exceptions were due October 12 but arrived later. The Authority held that the deadline could not be extended or waived and dismissed the exceptions without reviewing the award.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Union exceptions dismissed as untimely.
• Key point: Late receipt barred arbitration review.

Full text (FLRA public release)

[ v10 p451 ]

10:0451(77)AR

The decision of the Authority follows:

10 FLRA No. 77

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1533
(Union)

and

DEPARTMENT OF THE NAVY, NAVAL SUPPLY
CENTER, OAKLAND, CALIFORNIA
(Activity)

Case No. O-AR-449

ORDER DISMISSING EXCEPTIONS

THIS CASE IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
ARBITRATOR ROBERT C. SHUBERT 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, IT HAS BEEN DETERMINED THAT THE UNION'S EXCEPTIONS
MUST BE DISMISSED AS UNTIMELY FILED.

UNDER SECTION 7122(B) OF THE STATUTE AND SECTION 2425.1 OF THE
AUTHROITY'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 UNION'S
SUBMISSION, IS DATED SEPTEMBER 13, 1982. THEREFORE, UNDER THE STATUTE
AND THE AUTHORITY'S RULES AND REGULATIONS, THE UNION'S EXCEPTIONS HAD TO
BE FILED, I.E., RECEIVED, NO LATER THAN THE CLOSE OF BUSINESS ON OCTOBER
12, 1982. HOWEVER, THE EXCEPTIONS WERE NOT FILED UNTIL OCTOBER 22,
1982. 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 UNION'S EXCEPTIONS WERE UNTIMELY FILED, THEY ARE
HEREBY DISMISSED.

FOR THE AUTHORITY.

ISSUED, WASHINGTON, D.C., NOVEMBER 10, 1982

JAMES J. SHEPARD, EXECUTIVE DIRECTOR