American Federation of Government Employees, Local 2082 and Department of the Army, Facility Engineers, Fort Hunter Liggett (Authority decision, May 26, 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 arbitration award involving Army facility engineers at Fort Hunter Liggett. The award was dated March 21, 1983, making April 19 the last day for the Authority to receive exceptions under the 30 day filing rule. The exceptions arrived on April 20. The Authority dismissed them as untimely without reaching 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 statutory filing period could not be extended or waived for a one day delay.

Full text (FLRA public release)

[ v12 p72 ]

12:0072(24)AR

The decision of the Authority follows:

12 FLRA No. 24

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
LOCAL 2082, AFL-CIO
(Union)

and

DEPARTMENT OF THE ARMY,
FACILITY ENGINEERS, FORT
HUNTER LIGGETT
(Activity)

Case No. O-AR-542

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator Francis Richard Walsh 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 March 21, 1983. 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 April 19, 1983. However, the exceptions were not filed until April 20, 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 26, 1983 James J. Shepard, Executive Director