Bremerton Metal Trades Council, on behalf of IAM District Lodge 160 and Donald Stotts and Naval Undersea Warfare Engineering Station, Keyport (Authority decision, February 15, 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 Bremerton Metal Trades Council filed exceptions to an arbitrator's award involving the Naval Undersea Warfare Engineering Station. The award was dated November 28, 1983, and the union's filing reached the Authority on December 29. The Authority found that the 30-day deadline had expired on December 27 and could not be extended or waived. It dismissed the exceptions without deciding whether the award was correct.

Decision snapshot

• Authority: Arbitration exception filing period 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 with the award date.

Full text (FLRA public release)

[ v14 p55 ]

14:0055(10)AR

The decision of the Authority follows:

14 FLRA No. 10

BREMERTON METAL TRADES COUNCIL,
IN BEHALF OF IAM, DISTRICT LODGE 160
AND DONALD STOTTS
Union

and

NAVAL UNDERSEA WARFARE ENGINEERING STATION
KEYPORT, WASHINGTON
Activity

Case No. O-AR-699

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator Kenneth M. McCaffree 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 28, 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 27, 1983. However, the exceptions were not filed until December 29, 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., February 15, 1984

Harold D. Kessler
Director, Case Management