U.S. Department of Housing and Urban Development, Region VI, San Antonio Area and American Federation of Government Employees, Local 3320 (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

A union at HUD's San Antonio area office sought review of an arbitration award dated March 28, 1983. The Authority calculated that exceptions had to be received by April 26. The union filed April 27. The Authority dismissed the exceptions as untimely without reviewing 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 filing period could not be extended or waived for a one day delay.

Full text (FLRA public release)

[ v12 p39 ]

12:0039(10)AR

The decision of the Authority follows:

12 FLRA No. 10

U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT, REGION VI,
SAN ANTONIO AREA
(Activity)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 3320
(Union)

Case No. O-AR-545

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator Raymond L. Britton 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 exceptions 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 28, 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 26, 1983. However, the exceptions were not filed until April 27, 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