American Federation of Government Employees, Local 1882 and Veterans Administration Medical Center (Authority decision, July 21, 1983)

Final FLRA decision. The Authority dismissed exceptions to an arbitration award under 5 U.S.C. § 7122. 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 challenged an arbitration award dated May 12, 1983. The Authority calculated a June 10 deadline for exceptions, but the union filed on June 15. It dismissed the exceptions because it could not extend or waive the statutory filing period. The order did not review the underlying award.

Decision snapshot

• Authority: Arbitration exception deadline under 5 U.S.C. § 7122(b).
• Outcome: Union exceptions dismissed as untimely; award left unreviewed.
• Key point: A late arbitration exception could not be heard even five days after the deadline.

Full text (FLRA public release)

[ v12 p322 ]

12:0322(73)AR

The decision of the Authority follows:

12 FLRA No. 73

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1882
(Union)

and

VETERANS ADMINISTRATION MEDICAL CENTER
(Activity)

Case No. O-AR-575

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator Mueller 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 May 12, 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 June 10, 1983. However, the exceptions were not filed until June 15, 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., July 21, 1983 James J. Shepard, Executive Director