International Federation of Professional and Technical Engineers, Local 28 and NASA Lewis Research Center (Authority decision, February 9, 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 union challenged an arbitration award dated November 23, 1982. Its exceptions arrived on January 4, after the December 22 deadline. The union said the award had been mailed later, but the Authority explained that even using the mailing date would make the filing one day late. It dismissed the exceptions without reaching the merits.

Decision snapshot

• Authority: Arbitration filing deadline under 5 U.S.C. § 7122(b) and 5 C.F.R. §§ 2425.1, 2429.21, 2429.23(d).
• Outcome: Union exceptions dismissed as untimely.
• Key point: The filing was late even under the union’s proposed award date.

Full text (FLRA public release)

[ v11 p280 ]

11:0280(60)AR

The decision of the Authority follows:

11 FLRA No. 60

INTERNATIONAL FEDERATION OF
PROFESSIONAL AND TECHNICAL
ENGINEERS, LOCAL 28, AFL-CIO
(Union)

and

LEWIS RESEARCH CENTER,
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION,
CLEVELAND, OHIO
(Activity)

Case No. O-AR-494

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator Richard H. Siegel 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. The activity filed an opposition in which it contends, among other things, that the union's exceptions are untimely. 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 November 23, 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 December 22, 1982. However, the exceptions were not filed until January 4, 1983. 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. /1/

Accordingly, as the union's exceptions were untimely filed, they are hereby dismissed. For the Authority. Issued, Washington, D.C., February 9, 1983 James J. Shepard, Executive Director

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

/1/ In its exceptions, the union alleges that the arbitration award was not mailed to the union until December 2, 1982. However, even if that date were considered to be the "date of the award," the union's exceptions would have been due no later than January 3, 1983, and would have been untimely.