Department of the Air Force, Warner Robins Air Force Base, Georgia and American Federation of Government Employees, Local 987 (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 987 sought review of an arbitration award involving Warner Robins Air Force Base. The award was dated November 5, 1983, making December 5 the deadline for exceptions under the 30-day rule. The Authority received the union's exceptions on December 6. It dismissed them as untimely because the filing period could not be extended or waived, without reaching the award's merits.

Decision snapshot

• Authority: Arbitration exception deadline under 5 U.S.C. § 7122(b).
• Outcome: Union exceptions dismissed as untimely.
• Key point: Exceptions had to reach the Authority within 30 days beginning on the date of the award.

Full text (FLRA public release)

[ v13 p589 ]

13:0589(101)AR

The decision of the Authority follows:

13 FLRA No. 101

DEPARTMENT OF THE AIR FORCE,
WARNER ROBINS AIR FORCE BASE, GEORGIA
(Activity)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 987
(Union)

Case No. O-AR-683

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator Edward L. Harrison 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 November 5, 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 December 5, 1983. However, the exceptions were not filed until December 6, 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., January 12, 1984
James J. Shepard, Executive
Director