Department of Education, Office of Civil Rights and AFGE Local 3887 (Authority decision, August 22, 1983)

Final FLRA decision. This is an Authority order involving an arbitral award under 5 U.S.C. § 7122. Judicial review under 5 U.S.C. § 7123(a) generally does not extend to such an order unless the order involves an unfair labor practice under 5 U.S.C. § 7116. This decision does not state that it involves an unfair labor practice.

Plain-English summary

AFGE Local 3887 filed exceptions to an arbitration award dated June 23, 1983. The Authority calculated a July 22 deadline, but the union filed on July 27. It held that the filing period could not be extended or waived. The Authority dismissed the exceptions without reaching the award’s merits.

Decision snapshot

• Authority: 5 U.S.C. § 7122(b).
• Outcome: Union exceptions dismissed as untimely.
• Key point: A late exception could not be considered even if filed within days of the deadline.

Full text (FLRA public release)

[ v12 p631 ]

12:0631(123)AR

The decision of the Authority follows:

12 FLRA No. 123

DEPARTMENT OF EDUCATION,
OFFICE OF CIVIL RIGHTS
(Activity)

and

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, LOCAL 3887
(Union)

Case No. O-AR-604

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator Sherman Dallas 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 June 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 July 22, 1983. However, the exceptions were not filed until July 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., August 22, 1983 James J. Shepard, Executive Director