U.S. Department of Justice, Federal Prison System and American Federation of Government Employees, Council of Prison Locals (Authority decision, January 18, 1985)

Final FLRA decision. This is a final order dismissing an exception to an arbitration award for failure to comply with the Authority's procedural rules. Court review of an order involving an arbitration award is excluded by 5 U.S.C. § 7123(a)(1) unless the order involves an unfair labor practice under § 7116; this order does not address an unfair labor practice.

Plain-English summary

The union filed an exception to an arbitrator's award involving the Federal Prison System. The Authority told the union that its filing did not meet the requirement in 5 C.F.R. § 2425.1(d) and specified what it needed to submit. The union made no submission within the time allowed. The Authority dismissed the exception without deciding the award's merits.

Decision snapshot

• Authority: Arbitration exception filing rule in 5 C.F.R. § 2425.1(d).
• Outcome: The union's exception was dismissed for failure to comply with the procedural rule.
• Key point: A deficient exception can be dismissed when the filer does not correct it within the time allowed.

Full text (FLRA public release)

[ v17 p3 ]

17:0003(1)AR

The decision of the Authority follows:

17 FLRA No. 1

U.S. DEPARTMENT OF JUSTICE,
FEDERAL PRISON SYSTEM
Agency

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, COUNCIL OF PRISON LOCALS
Union

Case No. O-AR-873

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator Robert G. Williams 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. By Authority letter dated December 7, 1984,the Union was informed that preliminary examination of the exception disclosed an apparent deficiency in meeting the requirements of the Authority's rules of procedure. Specifically, as was noted in the Authority's letter, the Union's exception failed to comply with section 2425.1(d) of the Regulations.

The Union was also advised in the Authority's letter that further processing of the exception was contingent upon compliance with the designated provision of the Authority's Regulations. In this regard, the Union was informed of the specific action that had to be taken to comply and complete the appeal, and was afforded time in which to take that action. Finally, the Union was advised that failure to comply with the cited requirement within the time limit provided could result in dismissal of the exception.

The Union has made no submission within the time limit provided. Accordingly, the exception is hereby dismissed for failure to comply with the Authority's Regulations. For the Authority. Issued, Washington, D.C. January 18, 1985 Harold D. Kessler Acting Executive Director/Administrator