Veterans Administration Medical Center and American Federation of Government Employees, Local 2094 (Authority decision, October 21, 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

AFGE Local 2094 filed exceptions to a Veterans Administration arbitration award dated August 16, 1983. The Authority calculated that it had to receive the exceptions by September 14. They arrived on September 15, and the Authority held that it could not extend or waive the filing period. It dismissed the exceptions without deciding the award’s merits.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Union exceptions dismissed as untimely.
• Key point: Arbitration exceptions had to be received within the statutory period.

Full text (FLRA public release)

[ v13 p341 ]

13:0341(55)AR

The decision of the Authority follows:

13 FLRA No. 55

VETERANS ADMINISTRATION
MEDICAL CENTER
(Activity)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2094
(Union)

Case No. O-AR-639

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator Matthew A. Kelly 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., October 21, 1983 James J. Shepard, Executive Director