Scott Air Force Base and National Association of Government Employees, Local R7-23 (Authority decision, September 27, 1983)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority 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 resolves exceptions to an arbitration award and does not state that it involves an unfair labor practice.

Plain-English summary

NAGE Local R7-23 filed exceptions to an arbitration award dated August 16, 1983. The Authority calculated September 14 as the last day for receipt but received the filing on September 15. It held that the thirty-day period could not be extended or waived. The union’s exceptions were dismissed without a merits ruling.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Union exceptions dismissed as untimely.
• Key point: Arbitration exceptions received after the filing deadline were dismissed.

Full text (FLRA public release)

[ v13 p79 ]

13:0079(20)AR

The decision of the Authority follows:

13 FLRA No. 20

SCOTT AIR FORCE BASE, ILLINOIS
(Agency)

and

NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, LOCAL R7-23
(Union)

Case No. O-AR-638

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator Joseph V. McKenna 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 August 16, 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 September 14, 1983. However, the exceptions were not filed until September 15, 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., September 27, 1983 James J. Shepard, Executive Director