U.S. Army Engineers, Nashville District and International Brotherhood of Electrical Workers, Local 2080 (Authority decision, January 14, 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

IBEW Local 2080 challenged an arbitration award involving the Army Engineers Nashville District. The award was dated November 2, 1982, making December 1 the last day for the exceptions to reach the Authority. The exceptions were postmarked December 2 and arrived December 6. The Authority said it could not extend or waive the filing period and dismissed them without addressing the award.

Decision snapshot

• Authority: Arbitration review under 5 U.S.C. § 7122(a).
• Outcome: Union exceptions dismissed as untimely.
• Key point: The exceptions were mailed and received after the filing deadline.

Full text (FLRA public release)

[ v11 p23 ]

11:0023(12)AR

The decision of the Authority follows:

11 FLRA No. 12

U.S. ARMY ENGINEERS,
DISTRICT NASHVILLE,
NASHVILLE, TENNESSEE
(Activity)

and

INTERNATIONAL BROTHERHOOD
OF ELECTRICAL WORKERS,
LOCAL 2080
(Union)

Case No. O-AR-476

ORDER DISMISSING EXCEPTIONS

This matter is before the Authority on exceptions to the award of Arbitrator Sherman Dallas 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, 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 November 2, 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 December 1, 1982. However, the exceptions, postmarked December 2, 1982, were not filed with the Authority until December 6, 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., January 14, 1983

James J. Shepard, Executive
Director