Commander, Dobbins Air Force Base, Air Force Plant 06 and American Federation of Government Employees, Local 2609 (Authority decision, April 8, 1983)

Final FLRA decision. The Authority dismissed exceptions to an arbitration award under 5 U.S.C. § 7122 without a merits ruling. 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 decision does not address an unfair labor practice.

Plain-English summary

The union submitted exceptions concerning a Dobbins Air Force Base arbitration award dated May 14, 1982. The Authority calculated June 14 as the filing deadline, but the submission arrived November 22. It refused to waive the filing limit and dismissed the exceptions without a merits ruling. The Authority also noted that the submission appeared to concern enforcement of the award, an issue for unfair labor practice procedures.

Decision snapshot

• Authority: Arbitration exception filing limit under 5 U.S.C. § 7122(b).
• Outcome: Union exceptions dismissed as more than five months late; no merits ruling.
• Key point: The Authority could not waive the arbitration exception deadline.

Full text (FLRA public release)

[ v12 p7 ]

12:0007(3)AR

The decision of the Authority follows:

12 FLRA No. 3

COMMANDER, DOBBINS AIR FORCE BASE,
GEORGIA DEPARTMENT 21, AIR FORCE
PLANT 06
(Activity)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 2609
(Union)

Case No. O-AR-468

ORDER DISMISSING EXCEPTIONS

This matter is before the Authority on exceptions to the award of Arbitrator Nicholas Beedles 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. /1/ 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, 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, as included in the union's submission, is dated May 14, 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 June 14, 1982. However, the exceptions were not filed with the Authority until November 22, 1982, or more than five months late. While the union recognizes that its exceptions were filed well beyond the prescribed time limit, it in effect requests a waiver of the expired time on various grounds. However, 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. April 8, 1983 James J. Shepard, Executive Director

--------------- FOOTNOTES$ ---------------

/1/ While the union characterizes its submission as exceptions, it does not except to the arbitrator's award in whole or in part. Rather, the union's submission appears to concern enforcement or implementation of the arbitrator's award. In this regard, it is well-established that the unfair labor practice procedures are the appropriate procedures to be used under the Statute for resolution of enforcement disputes. Council of District Office Locals, American Federation of Government Employees, San Francisco Region, AFL-CIO, 5 FLRA No. 100 (1981). Consequently, such matters are not appropriate for resolution under section 7122(a) of the Statute.