Veterans Administration, Bay Pines Medical Center and AFGE Local 547 (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

The Bay Pines Medical Center filed exceptions to an arbitration award dated July 5, 1983. The Authority calculated that the filing deadline was August 3, but the agency filed on August 4. It held that the statutory deadline could not be extended or waived. The exceptions were dismissed without a ruling on the award’s merits.

Decision snapshot

• Authority: 5 U.S.C. § 7122(b).
• Outcome: Agency exceptions dismissed as untimely.
• Key point: Exceptions had to reach the Authority within the 30 day filing period.

Full text (FLRA public release)

[ v12 p633 ]

12:0633(124)AR

The decision of the Authority follows:

12 FLRA No. 124

VETERANS ADMINISTRATION, BAY PINES
MEDICAL CENTER
(Activity)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 547
(Union)

Case No. O-AR-609

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator Lawrence Kanzer 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 July 5, 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 August 3, 1983. However, the exceptions were not filed until August 4, 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 22, 1983 James J. Shepard, Executive Director