Veterans Administration Medical Center, Oklahoma City, Oklahoma and American Federation of Government Employees, Local 2562 (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 2562 filed exceptions to an arbitration award involving the Oklahoma City Veterans Administration Medical Center. The award was dated October 4, 1983, and the Authority stated that exceptions were due November 2. The union filed on November 28 and acknowledged that its submission was late. The Authority could not waive or extend the statutory filing period, so it dismissed the exceptions without reviewing the award.

Decision snapshot

• Authority: Arbitration exception deadline under 5 U.S.C. § 7122(b).
• Outcome: Union exceptions dismissed as untimely.
• Key point: A request to waive the 30-day filing deadline could not save late exceptions.

Full text (FLRA public release)

[ v13 p587 ]

13:0587(100)AR

The decision of the Authority follows:

13 FLRA No. 100

VETERANS ADMINISTRATION MEDICAL CENTER,
OKLAHOMA CITY, OKLAHOMA
(Activity)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL No. 2562
(Union)

Case No. O-AR-677

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator Don E. Hamilton 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 4, 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 2, 1983. However, the exceptions were not filed until November 28, 1983. The Union recognizes that its exceptions were untimely filed, but in effect requests a waiver of the expired time limit. 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., January 12, 1984
James J. Shepard, Executive
Director