American Federation of Government Employees, Local Union 1547 and Department of the Air Force, Luke Air Force Base, Arizona (Authority decision, July 27, 1984)

Final FLRA decision. The Authority dismissed exceptions to an arbitration award as untimely under 5 U.S.C. § 7122(b). 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

The Air Force filed exceptions to an arbitrator's September 1983 award after receiving a March 1984 letter clarifying the award's remedy. The agency argued that the filing period began with that letter. The Authority found that the arbitrator had only explained the original award and had not modified it. Exceptions were due in October 1983, so the March 30 filing was untimely. The Authority dismissed the exceptions without reaching the award's merits.

Decision snapshot

• Authority: Deadline for arbitration exceptions under 5 U.S.C. § 7122(b).
• Outcome: Agency exceptions dismissed as untimely.
• Key point: A letter explaining an award's original intent did not restart the deadline to challenge the award.

Full text (FLRA public release)

[ v15 p399 ]

15:0399(83)AR

The decision of the Authority follows:

15 FLRA No. 83

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL UNION 1547
Union

and

DEPARTMENT OF THE AIR FORCE,
LUKE AIR FORCE BASE, ARIZONA
Activity

Case No. O-AR-742

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator David Goodman filed on behalf of the Activity by the Department of the Air Force (the Agency) 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 as untimely filed.

The Arbitrator's award is dated September 23, 1983, and appears to have been served on the parties by mail on the same day. A dispute subsequently arose between the parties concerning the Activity's compliance with the remedy ordered by the Arbitrator and the Union requested assistance from the Arbitrator in an attempt to resolve the matter. The Arbitrator responded by letter of March 1, 1984, essentially advising the parties that the intent of the remedy set forth in his September 23, 1983, award was clear. The Agency filed exceptions with the Authority on March 30, 1984, asserting, among other things, that the alleged deficiencies in the award arose with the Arbitrator's letter of March 1, 1984.

Under section 7122(b) of the Statute, as amended, /1/ and section 2425.1 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 of September 23, 1983, had to be filed with the Authority no later than the close of business on October 28, 1983. Thus, it immediately and clearly appears that the exceptions filed by the Agency on March 30, 1984, are untimely. The Agency, however, takes the position that its exceptions are timely, assertedly because the time period began with the Arbitrator's response of March 1, 1984.

As the Agency recognizes, the Authority has held in the circumstances of a case in which the arbitrator, in response to a clarification request, modified the award in such a way as to give rise to alleged deficiencies, that the filing period began with the modification. /3/ In this case, however, the Arbitrator did not modify his award. Rather, as indicated above, the Arbitrator essentially advised the parties of the clear intent of the award.

Thus, the time limits for filing exceptions to the Arbitrator's award in this case began on the date the award was served on the parties, i.e., September 23, 1983, and expired on October 28, 1983. Therefore, the exceptions filed by the Agency on March 30, 1984, are untimely.

Accordingly, the Agency's exceptions are hereby dismissed.

For the Authority.

Issued, Washington, D.C., July 27, 1984
Jan K. Bohren
Executive Director/Administrator

--------------- 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/ United States Department of the Interior, Bureau of Land Management, Eugene District Office and National Federation of Federal Employees, Local 1911, 6 FLRA 401, 403 n.2 (1981).