AFGE Local 1157 and Army and Air Force Exchange Service, Western Distribution Region (Authority decision, August 31, 1983)

Final FLRA decision. This order dismisses exceptions to an arbitral award under 5 U.S.C. § 7122. Judicial review under 5 U.S.C. § 7123(a) generally does not extend to an Authority arbitration order unless it involves an unfair labor practice under 5 U.S.C. § 7116. The Authority dismissed the exceptions as untimely without deciding the award’s merits.

Plain-English summary

AFGE Local 1157 filed exceptions to an arbitration award dated July 26, 1983. The Authority calculated that the exceptions had to reach it by August 24, but they were filed on August 26. 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: Exceptions received after the 30 day statutory filing period could not be considered.

Full text (FLRA public release)

[ v12 p717 ]

12:0717(138)AR

The decision of the Authority follows:

12 FLRA No. 138

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1157, AFL-CIO
(Union)

and

ARMY AND AIR FORCE EXCHANGE SERVICE,
WESTERN DISTRIBUTION REGION
(Activity)

Case No. O-AR-625

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator Florian Bartosic 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 July 26, 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 August 24, 1983. However, the exceptions were not filed until August 26, 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 31, 1983 James J. Shepard, Executive Director