American Federation of Government Employees, Local 1395 and Social Security Administration (Authority decision, November 1, 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 1395 filed exceptions to a Social Security Administration arbitration award dated September 13, 1983. The Authority calculated an October 12 deadline, but received the exceptions on October 14. It held that the filing period could not be extended or waived. The exceptions were dismissed without reaching their merits.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Union exceptions dismissed as untimely.
• Key point: Exceptions to an arbitration award had to arrive within the statutory filing period.

Full text (FLRA public release)

[ v13 p349 ]

13:0349(59)AR

The decision of the Authority follows:

13 FLRA No. 59

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1395
(Union)

and

SOCIAL SECURITY ADMINISTRATION
(Activity)

Case No. O-AR-654

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator James R. Cox 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 September 13, 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 October 12, 1983. However, the exceptions were not filed until October 14, 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., November 1, 1983 James J. Shepard, Executive Director