American Federation of Government Employees and Social Security Administration (Authority decision, June 29, 1984)

Final FLRA decision. The Authority dismissed exceptions to an arbitration award as untimely and filed by someone who was not a party to the arbitration. Judicial review under 5 U.S.C. § 7123(a) generally does not extend to an order involving an arbitral award unless the order involves an unfair labor practice under 5 U.S.C. § 7116.

Plain-English summary

An individual grievant filed exceptions to an arbitrator's award in a dispute between AFGE and the Social Security Administration. The Authority found that the filing came one day after the February 27 deadline. It also found that only parties to the arbitration could file exceptions, and the grievant had not participated as a party. The Authority dismissed the exceptions on both grounds without reaching the award's merits.

Decision snapshot

• Authority: Arbitration exception deadline under 5 U.S.C. § 7122(b) and the Authority's party filing rule.
• Outcome: Grievant's exceptions dismissed as late and unauthorized.
• Key point: The filer missed the deadline and was not a party entitled to file exceptions.

Full text (FLRA public release)

[ v15 p202 ]

15:0202(37)AR

The decision of the Authority follows:

15 FLRA No. 37

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
Union

and

SOCIAL SECURITY ADMINISTRATION
Agency

Case No. O-AR-726

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator James V. Altieri filed by the grievant 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 exceptions must be dismissed.

The Arbitrator's award is dated January 24, 1984, and appears to have been served on the parties, i.e., the Union and the Agency, by mail on the same day.

Under section 7122(b) of the Statute, as amended, /1/ and section 2425.1(b) of the Authority's Rules and Regulations, as amended, /2/ which amendments are applicable to exceptions pending or filed with the Authority on or after March 2, 1984, and under sections 2429.21 and 2429.22 of the Rules and Regulations, which are also applicable to computation of the time limit here involved, any exceptions to the Arbitrator's award in this case had to be filed with the Authority no later than the close of business on February 27, 1984. However, the exceptions were not filed until February 28, 1984. Therefore, the exceptions were untimely filed.

Moreover, it is well-established that under the Authority's Rules and Regulations only the parties in the proceeding before the arbitrator are entitled to filed exceptions to the arbitrator's award with the Authority. /3/ Since it appears that the grievant did not participate as a "party" in the proceeding before the Arbitrator, she was not entitled to file the instant exceptions.

Accordingly, the exceptions are hereby dismissed.

For the Authority.

Issued, Washington, D.C., June 29, 1984
Harold D. Kessler, Director, Case
Management

--------------- FOOTNOTES$ ---------------

/1/ Section 7122(b) of the Statute was amended by the Civil Service Miscellaneous Amendments Act of 1983 (Pub. L. No. 98-224, Sec. 4, 98 Stat. 47, 48 (1984)) to provide that the 30-day period for filing exceptions to an arbitrator's award begins on the date the award is served on the filing party.

/2/ 49 Fed.Reg. 22623 (1984).

/3/ Social Security Administration, Headquarters Bureaus and Offices in Baltimore and SSA Local 1923, American Federation of Government Employees, AFL-CIO, 2 FLRA 37 (1979).