General Services Administration, Administrative Services Division and American Federation of Government Employees, Council 236, Region 6 (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 GSA activity challenged an arbitration award dated December 13, 1982. Its exceptions reached the Authority on January 14, two days after the deadline. The Authority said that the deadline could not be extended or waived. It dismissed the exceptions without reviewing the award’s 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: Activity exceptions dismissed as untimely.
• Key point: The Authority must receive arbitration exceptions before its filing deadline.

Full text (FLRA public release)

[ v11 p282 ]

11:0282(61)AR

The decision of the Authority follows:

11 FLRA No. 61

GENERAL SERVICES ADMINISTRATION,
ADMINISTRATIVE SERVICES DIVISION
(Activity)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, COUNCIL 236, REGION 6
(Union)

Case No. O-AR-500

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator Gerald Cohen filed by the activity 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, it has been determined that the activity'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 activity's submission, is dated December 13, 1982. Therefore, under the Statute and the Authority's Rules and Regulations, the activity's exceptions had to be filed, i.e., received in the national office of the Authority, no later than the close of business on January 12, 1983. However, the exceptions were not filed until January 14, 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.

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