Veterans Administration Medical Center, Asheville, North Carolina and American Federation of Government Employees, Local 446 (Authority decision, December 13, 1984)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority dismissing exceptions to an arbitration award. 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

The union filed exceptions to an arbitrator's award involving the Asheville VA Medical Center. The arbitrator sent the award with a letter dated September 18, 1984, and later sent the union another copy after hearing nothing from it. The union said it received the award on November 1 and filed exceptions on November 13. The Authority held that the 30-day filing period began when the award was served, not when the union received the later copy. Because the filing deadline was October 22, it dismissed the exceptions as untimely.

Decision snapshot

• Authority: Arbitration exception deadline under 5 U.S.C. § 7122(b) and 5 C.F.R. § 2425.1.
• Outcome: Union's exceptions dismissed as untimely.
• Key point: The filing period ran from service of the award; a later duplicate copy did not restart it.

Full text (FLRA public release)

[ v16 p827 ]

16:0827(115)AR

The decision of the Authority follows:

16 FLRA No. 115

VETERANS ADMINISTRATION MEDICAL CENTER
ASHEVILLE, NORTH CAROLINA
Activity

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 446, ASHEVILLE,
NORTH CAROLINA
Union

Case No. O-AR-869

ORDER DISMISSION EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator J. Ralph Beaird 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 exceptions must be dismissed as untimely filed.

The Arbitrator's otherwise undated award was enclosed with a letter dated September 18, 1984, addressed to both parties. The letter transmitted the award and set forth the Arbitrator's charges for the award. It appears that the award was served on the parties by mail on the same day.

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 in this case had to be filed with the Authority not later than the close of business on October 22, 1984. However, the exceptions were not filed with the Authority at its National Office in Washington, D.C., until November 13, 1984.

In his cover letter dated November 7, 1984, the Union's representative noted: "(T)he Arbitrator made his decision (on) September 18, 1984. And we received a copy from him November 1, 1984." In his November 1, 1984, letter to the Union representative, the Arbitrator stated that he had enclosed a copy of his September 18, 1984, letter regarding FMCS No. 84K/13610, and "Since I have not heard from your Local regarding this matter, I have enclosed an additional copy just in case you did not receive my original letter." Inasmuch as the 30-day period for filing exceptions to an arbitrator's award begins on the date the award is served on the filing party and not on the date the award is received by the filing party, the Union's exceptions were untimely filed.

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

For the Authority.

Issued, Washington, D.C., December 13, 1984
/s/ Harold D. Kessler
Harold D. Kessler, Acting
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, Section 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).