Pennsylvania State Council, Association of Civilian Technicians and Pennsylvania Army National Guard (Authority decision, January 7, 1983)

Final FLRA decision. The Authority dismissed arbitration exceptions as untimely. Judicial review of an arbitration order is generally excluded by 5 U.S.C. § 7123(a)(1) unless it involves an unfair labor practice under § 7118. This order does not address an unfair labor practice.

Plain-English summary

The Pennsylvania State Council of Civilian Technicians challenged an arbitration award involving the Pennsylvania Army National Guard. The award was dated October 12, 1982, and the Authority calculated a November 10 filing deadline. The union’s exceptions arrived on November 12. The Authority dismissed them as untimely because the filing deadline could not be extended or waived.

Decision snapshot

• Authority: Arbitration review under 5 U.S.C. § 7122(a).
• Outcome: Union exceptions dismissed as untimely.
• Key point: The exceptions reached the Authority two days after the deadline.

Full text (FLRA public release)

[ v11 p21 ]

11:0021(11)AR

The decision of the Authority follows:

11 FLRA No. 11

PENNSYLVANIA STATE COUNCIL,
ASSOCIATION OF CIVILIAN TECHNICIANS
(Union)

and

THE ADJUTANT GENERAL OF PENNSYLVANIA,
PENNSYLVANIA ARMY NATIONAL GUARD
(Activity)

Case No. O-AR-464

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator Joseph M. Leib filed on behalf of 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. The agency filed an opposition to the exceptions alleging, among other things, that the exceptions were untimely filed; and the union disputed the agency's allegations. For the reasons stated below, it has been determined that the union's exceptions were untimely filed and must be dismissed on that basis.

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, any such exception 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 is dated October 12, 1982. Therefore, under the Statute and the Authority's Rules and Regulations, the union's exceptions had to be filed, i.e., received in the national office of the Authority, no later than the close of business on November 10, 1982. However, the union's exceptions were not filed with the Authority until November 12, 1982. In that regard, and as provided in section 2429.23(c) 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., January 7, 1983 James J. Shepard, Executive Director