Department of the Army, Fort Drum, New York and National Association of Government Employees, Local R2-61 (Authority decision, August 10, 1983)

Final FLRA decision. The Authority resolved 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 Army at Fort Drum filed exceptions to an arbitration award dated June 8, 1983. The Authority calculated that the 30-day filing period ended July 7, but the Army filed on July 11. It dismissed the exceptions because the filing deadline could not be extended or waived. The order did not decide whether the arbitrator’s award was correct.

Decision snapshot

• Authority: Arbitration exception review under 5 U.S.C. § 7122(a).
• Outcome: Army exceptions dismissed as untimely; the award was not reviewed on its merits.
• Key point: Arbitration exceptions must reach the Authority within the statutory 30-day period.

Full text (FLRA public release)

[ v12 p517 ]

12:0517(99)AR

The decision of the Authority follows:

12 FLRA No. 99

DEPARTMENT OF THE ARMY,
FORT DRUM, NEW YORK
(Activity)

and

NATIONAL ASSOCIATION OF
GOVERNMENT EMPLOYEES, LOCAL R2-61
(Union)

Case No. O-AR-595

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator Daniel C. Williams filed by the activity 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 activity'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 activity's submission, is dated June 8, 1983. Therefore, under the Statute and the Authority's Rules and Regulations, the activity's exceptions had to be filed, i.e., received in the national office of the Authority, no later than the close of business on July 7, 1983. However, the exceptions were not filed until July 11, 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 activity's exceptions were untimely filed, they are hereby dismissed. For the Authority.

Issued, Washington, D.C., August 10, 1983

James J. Shepard, Executive
Director