American Federation of Government Employees, Local 3896 and U.S. Department of Education, Region V (Authority decision, January 20, 1983)

Final FLRA decision. The Authority dismissed arbitration exceptions without reaching the award. 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

AFGE Local 3896 challenged an arbitration award involving the Department of Education, Region V. The award was dated November 16, 1982, so exceptions had to reach the Authority by December 15. The union filed them on December 16. The Authority said it could not extend or waive the statutory deadline and dismissed the exceptions without reaching the merits.

Decision snapshot

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

Full text (FLRA public release)

[ v11 p89 ]

11:0089(26)AR

The decision of the Authority follows:

11 FLRA No. 26

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 3896
(Union)

and

U.S. DEPARTMENTS OF EDUCATION,
REGION V, CHICAGO, ILLINOIS
(Activity)

Case No. O-AR-488

ORDER DISMISSING EXCEPTIONS

This matter is before the Authority on exceptions to the award of Arbitrator Bernard Dobronski, 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 reason 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(b) 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 November 16, 1982. Therefore, under the Statute and the Authority's Rules and Regulations, the union's exceptions had to be filed with the Authority, i.e., received in the national office of the Authority, no later than the close of business on December 15, 1982. However, the exceptions were not filed until December 16, 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 20, 1983 James J. Shepard, Executive Director