Fitzsimons Army Medical Center and American Federation of Government Employees, Local 2214 (Authority decision, January 12, 1984)

Final FLRA decision. The Authority dismissed the grievant's exceptions without reviewing the arbitration award. Under 5 U.S.C. § 7123(a)(1), orders involving arbitral awards are generally excluded from judicial review unless they involve an unfair labor practice under 5 U.S.C. § 7116. This decision does not state that it involves one.

Plain-English summary

Ruby L. Bailey, a grievant in an arbitration involving Fitzsimons Army Medical Center, filed exceptions to an award dated October 19, 1983. The Authority stated that the exceptions were due at its national office by November 17. Bailey filed them at the Denver regional office on November 18. The Authority dismissed the exceptions as untimely because it could not extend or waive the deadline, without reviewing the award's merits.

Decision snapshot

• Authority: Arbitration exception deadline under 5 U.S.C. § 7122(b).
• Outcome: Grievant's exceptions dismissed as untimely.
• Key point: Filing at a regional office after the 30-day deadline did not satisfy the national-office receipt requirement.

Full text (FLRA public release)

[ v13 p583 ]

13:0583(98)AR

The decision of the Authority follows:

13 FLRA No. 98

FITZSIMONS ARMY MEDICAL CENTER
(Activity)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2214
(Union)

Case No. O-AR-669

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator William E. Rentfro filed by Ruby L. Bailey (the grievant) 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 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 is dated October 19, 1983. Therefore, under the Statute and the Authority's Rules and regulations, any exceptions had to be filed, i.e., received in the national office of the Authority, no later than the close of business on November 17, 1983. However, the exceptions were not filed until November 18, 1983, on which date the exceptions were filed in the Authority's Denver Regional Office. 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 exceptions were untimely filed, and apart from other considerations, they are hereby dismissed.

For the Authority.

Issued, Washington, D.C., January 12, 1984
James J. Shepard, Executive
Director