Department of the Army, Headquarters, U.S. Army Materiel Development Command and National Federation of Federal Employees, Local 1332 (Authority decision, May 6, 1983)

Final FLRA decision. The Authority dismissed exceptions to an arbitration award under 5 U.S.C. § 7122 without a merits ruling. 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 decision does not address an unfair labor practice.

Plain-English summary

The union sought review of an Army arbitration award dated March 12, 1983. The Authority calculated April 11 as the deadline for receiving exceptions. The union filed on April 13. Because the filing period could not be extended or waived, the Authority dismissed the exceptions without deciding the award's merits.

Decision snapshot

• Authority: Arbitration exception filing limit under 5 U.S.C. § 7122(b).
• Outcome: Union exceptions dismissed as untimely; award not reviewed on the merits.
• Key point: The exceptions reached the Authority two days after the deadline.

Full text (FLRA public release)

[ v12 p37 ]

12:0037(9)AR

The decision of the Authority follows:

12 FLRA No. 9

DEPARTMENT OF THE ARMY,
HEADQUARTERS, U.S. ARMY
MATERIEL AND DEVELOPMENT
COMMAND
(Union)

and

NATIONAL FEDERATION OF
FEDERAL EMPLOYEES, LOCAL 1332
(Activity)

Case No. O-AR-538

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator James M. Harkless filed on behalf of 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 March 12, 1983. 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 April 11, 1983. However, the exceptions were not filed until April 13, 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., May 6, 1983 James J. Shepard, Executive Director