Defense Depot Tracy and Laborers International Union of North America, Local 1276 (Authority decision, November 21, 1984)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority dismissing exceptions to an arbitration award as untimely. The order concerns an arbitration award under 5 U.S.C. § 7122. Section 7123(a)(1) generally excludes such orders from judicial review unless they involve an unfair labor practice under § 7118.

Plain-English summary

Laborers Local 1276 filed exceptions to an arbitration award involving Defense Depot Tracy. The award was dated and apparently mailed on August 27, 1984. Under the governing filing rules, the Authority found that exceptions were due by October 1, but the union filed them on October 4. The Authority dismissed the exceptions as untimely without reviewing the award's merits.

Decision snapshot

• Authority: 5 U.S.C. §§ 7122(a) and (b), and FLRA filing rules.
• Outcome: Union's exceptions dismissed as untimely.
• Key point: Exceptions filed three days after the calculated deadline were not considered on the merits.

Full text (FLRA public release)

[ v16 p573 ]

16:0573(80)AR

The decision of the Authority follows:

16 FLRA No. 80

DEFENSE DEPOT TRACY
Agency

and

LABORERS INTERNATIONAL UNION
OF NORTH AMERICAN, AFL-CIO, LOCAL 1276
Union

Case No. O-AR-853

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator Thomas Angelo 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.

The Arbitrator's award is dated August 27, 1984, and appears to have been served on the parties by mail 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 2429.27 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 October 1, 1984. However, the Union's exceptions were not filed until October 4, 1984. Therefore, the exceptions were untimely filed.

Accordingly, as the Union's exceptions were untimely filed, they are hereby dismissed. For the Authority.

Issued, Washington, D.C., November 21, 1984

Jan K. Bohren
Executive Director/Administrator