Veterans Administration Medical Center, Bronx, New York and American Federation of Government Employees, Local 1168 (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 Bronx Veterans Administration Medical Center filed exceptions to an arbitration award dated June 28, 1983. The Authority found the 30-day deadline expired July 27, but the medical center filed on July 28. It dismissed the exceptions as untimely under the statutory and regulatory filing rules. The order did not assess the merits of the award.

Decision snapshot

• Authority: Arbitration exception review under 5 U.S.C. § 7122(a).
• Outcome: Medical center exceptions dismissed as untimely; no merits review of the award.
• Key point: The Authority could not extend or waive the arbitration exception deadline.

Full text (FLRA public release)

[ v12 p515 ]

12:0515(98)AR

The decision of the Authority follows:

12 FLRA No. 98

VETERANS ADMINISTRATION MEDICAL
CENTER, BRONX, NEW YORK
(Activity)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1168
(Union)

Case No. O-AR-605

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator Marvin Schwartz 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 28, 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 27, 1983. However, the exceptions were not filed until July 28, 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