American Federation of Government Employees, Local 1157 and Army and Air Force Exchange Service, Western Distribution Region, Oakland, California (Authority decision, January 12, 1984)

Final FLRA decision. The Authority dismissed the union'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

AFGE Local 1157 sought review of an arbitration award involving the Army and Air Force Exchange Service in Oakland. The arbitrator's award was dated October 20, 1983, making November 18 the deadline for exceptions under the 30-day rule. The union filed on November 21 and acknowledged the filing was late. The Authority could not waive or extend the deadline and dismissed the exceptions without reviewing the merits.

Decision snapshot

• Authority: Arbitration exception deadline under 5 U.S.C. § 7122(b).
• Outcome: Union exceptions dismissed as untimely.
• Key point: The Authority could not waive the expired filing period.

Full text (FLRA public release)

[ v13 p585 ]

13:0585(99)AR

The decision of the Authority follows:

13 FLRA No. 99

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1157
(Union)

and

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

Case No. O-AR-671

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator William Eaton 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 October 20, 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 November 18, 1983. However, the exceptions were not filed until November 21, 1983. The Union recognizes that its exceptions were untimely filed but, in effect requests a waiver of the expired time limits. 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, and apart from other considerations, they are hereby dismissed.

For the Authority.

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