McGuire Air Force Base and AFGE Local 1778 (Authority decision, November 23, 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 1778 challenged an arbitration award dated September 29, 1982. The Authority calculated that its exceptions had to arrive by October 28, but they arrived October 29. It dismissed the exceptions without reaching the award because the filing deadline could not be waived or extended.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Union exceptions dismissed as untimely.
• Key point: Receipt one day after the arbitration deadline barred review.

Full text (FLRA public release)

[ v10 p509 ]

10:0509(89)AR

The decision of the Authority follows:

10 FLRA No. 89

MCGUIRE AIR FORCE BASE
(Activity)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1778
(Union)

Case No. O-AR-453

ORDER DISMISSING EXCEPTIONS

THIS CASE IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
ARBITRATOR ARTHUR A. SLOANE 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
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 UNION'S
SUBMISSION, IS DATED SEPTEMBER 29, 1982. THEREFORE, UNDER THE STATUTE
AND THE AUTHORITY'S RULES AND REGULATIONS, THE UNION'S EXCEPTION HAD TO
BE FILED, I.E., RECEIVED, NO LATER THAN THE CLOSE OF BUSINESS ON OCTOBER
28, 1982. HOWEVER, THE EXCEPTIONS WERE NOT FILED UNTIL OCTOBER 29,
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 23, 1982

JAMES J. SHEPARD, EXECUTIVE DIRECTOR