Veterans Administration Medical Center, Lexington, Kentucky and National Association of Government Employees, Local R5-184 (Authority decision, January 31, 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

The National Association of Government Employees filed exceptions to an arbitration award involving the Lexington VA Medical Center. The award was dated November 11, 1983. The Authority calculated the filing deadline as December 12, but the exceptions arrived on December 16. Because its rules did not permit the deadline to be extended or waived, the Authority dismissed the exceptions without examining 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: The Authority had to receive the exceptions within the 30-day filing period.

Full text (FLRA public release)

[ v13 p719 ]

13:0719(118)AR

The decision of the Authority follows:

13 FLRA No. 118

VETERANS ADMINISTRATION MEDICAL
CENTER, LEXINGTON, KENTUCKY
Activity

and

NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES and LOCAL UNION R5-184
Union

Case No. O-AR-691

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator Edmund W. Schedler 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 11, 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 12, 1983. However, the exceptions were not filed until December 16, 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 31, 1984

James J. Shepard, Executive
Director