Naval Air Rework Facility, Cherry Point, North Carolina and Local Lodge 2297, International Association of Machinists and Aerospace Workers (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 19, 1983. The Authority calculated that exceptions were due June 17 but did not receive them until June 20. Because it could not extend or waive the 30-day filing limit, it dismissed the exceptions. The order did not consider the award’s merits.

Decision snapshot

• Authority: Arbitration exception deadline under 5 U.S.C. § 7122(b).
• Outcome: Union exceptions dismissed as untimely; award not reviewed on its merits.
• Key point: The arbitration exception deadline could not be waived.

Full text (FLRA public release)

[ v12 p318 ]

12:0318(71)AR

The decision of the Authority follows:

12 FLRA No. 71

NAVAL AIR REWORK FACILITY,
CHERRY POINT, NORTH CAROLINA
(Activity)

and

LOCAL LODGE 2297, INTERNATIONAL
ASSOCIATION OF MACHINISTS AND
AEROSPACE WORKERS
(Union)

Case No. O-AR-580

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator Robert W. Foster 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 19, 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 17, 1983. However, the exceptions were not filed until June 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., July 21, 1983 James J. Shepard, Executive Director