American Federation of Government Employees, Local 3896 and U.S. Department of Education, Region V (Authority decision, February 3, 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

AFGE Local 3896 challenged an arbitration award involving the Department of Education, Region V. The award was dated December 14, 1982, making January 12, 1983 the last day for the exceptions to reach the Authority. The union filed them on January 14. The Authority said it could not extend or waive the deadline and dismissed the exceptions without addressing the award.

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 exceptions arrived two days after the filing deadline.

Full text (FLRA public release)

[ v11 p269 ]

11:0269(57)AR

The decision of the Authority follows:

11 FLRA No. 57

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 3896, AFL-CIO
(Union)

and

U.S. DEPARTMENT OF EDUCATION,
REGION V
(Activity)

Case No. O-AR-502

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator Myron J. Roomkin 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, 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 December 14, 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 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 union's exceptions were untimely filed, they are hereby dismissed. For the Authority. Issued, Washington, D.C., February 3, 1983 James J. Shepard, Executive Director