Veterans Administration Medical Center, Asheville, North Carolina and American Federation of Government Employees, Local 446 (Authority decision, July 14, 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 filed exceptions to an arbitration award dated May 23, 1983. The Authority calculated a June 21 filing deadline, but received the exceptions on June 23. It dismissed them because the 30-day period could not be extended or waived. The order did not review 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 mandatory filing period ended two days before the exceptions arrived.

Full text (FLRA public release)

[ v12 p300 ]

12:0300(64)AR

The decision of the Authority follows:

12 FLRA No. 64

VETERANS ADMINISTRATION MEDICAL
CENTER, ASHEVILLE, NORTH CAROLINA
(Activity)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 446
(Union)

Case No. O-AR-582

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator Dennis R. Nolan 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 23, 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 21, 1983. However, the exceptions were not filed until June 23, 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 14, 1983 James J. Shepard, Executive Director