[ v06 p5 ]
06:0005(3)AR
The decision of the Authority follows:
6 FLRA No. 3 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 1612 Union and U.S. DEPARTMENT OF JUSTICE, BUREAU OF PRISONS, U.S. MEDICAL CENTER FOR FEDERAL PRISONERS, SPRINGFIELD, MISSOURI Activity Case No. O-AR-175 ORDER DISMISSING EXCEPTIONS ON DECEMBER 22, 1980, PURSUANT TO SECTION 2425.1 OF THE AUTHORITY'S RULES AND REGULATIONS (5 CFR 2425.1), THE AGENCY FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR PAUL E. FITZSIMMONS. FOR THE REASONS THAT FOLLOW, THE AGENCY EXCEPTIONS WERE NOT TIMELY FILED AND THEREFORE MUST BE DISMISSED. SECTION 7122(B) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE PROVIDES IN PERTINENT PART: IF NO EXCEPTION TO AN ARBITRATOR'S AWARD IS FILED UNDER SUBSECTION (A) OF THIS SECTION DURING THE 30-DAY PERIOD BEGINNING ON THE DATE OF SUCH AWARD, THE AWARD SHALL BE FINAL AND BINDING. /1/ THUS, THERE IS A CLEAR STATUTORY REQUIREMENT THAT EXCEPTIONS TO ARBITRATORS' AWARDS BE FILED WITH 30 DAYS FROM THAT DATE OF THE AWARD. THE ARBITRATOR'S AWARD HEREIN, INCLUDED IN THE AGENCY'S SUBMISSION, IS DATED OCTOBER 3, 1980. HOWEVER, THE AGENCY'S EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL DECEMBER 22, 1980. WITH RESPECT TO THE TIMELINESS OF ITS EXCEPTIONS, THE AGENCY EXPLAINS THAT ON NOVEMBER 15, 1980, THE PARTIES JOINTLY REQUESTED THE ARBITRATOR TO CLARIFY HIS AWARD. ON NOVEMBER 21, 1980, THE ARBITRATOR RESPONDED THAT HE WAS WITHOUT AUTHORITY TO GIVE AN ADDITIONAL OPINION, BUT HE DID OFFER HIS PERSONAL VIEW AS TO THE PARTIES' REQUEST FOR CLARIFICATION. ON THIS BASIS THE AGENCY MAINTAINS THAT THE PERIOD FOR FILING ITS EXCEPTIONS COMMENCED ON NOVEMBER 21, 1980, RATHER THAN ON THE DATE OF THE AWARD. HOWEVER, UNDER THE PLAIN LANGUAGE OF SECTION 7122(B) OF THE STATUTE AND SECTION 2425.1(B) OF THE AUTHORITY'S RULES AND REGULATIONS, THE TIME LIMIT FOR FILING EXCEPTIONS RUNS FROM THE DATE OF THE AWARD ITSELF. CONSEQUENTLY, THE AGENCY'S EXCEPTIONS WERE NOT TIMELY FILED AND THE AUTHORITY IS NOT EMPOWERED TO EXTEND OR WAIVE THE STATUTORY TIME LIMIT FOR FILING EXCEPTIONS TO ARBITRATION AWARDS. ACCORDINGLY, BECAUSE THE AGENCY'S EXCEPTIONS WERE NOT TIMELY FILED, AND APART FROM OTHER CONSIDERATIONS, THE EXCEPTIONS ARE ORDERED DISMISSED. ISSUED, WASHINGTON, D.C., JUNE 2, 1981 RONALD W. HAUGHTON, CHAIRMAN HENRY B. FRAZIER III, MEMBER LEON B. APPLEWHAITE, MEMBER FEDERAL LABOR RELATIONS AUTHORITY --------------- FOOTNOTES: --------------- /1/ MOREOVER, SECTION 2425.1(B) OF THE AUTHORITY'S RULES AND REGULATIONS PROVIDES: THE TIME LIMIT FOR FILING AN EXCEPTION TO AN ARBITRATION AWARD IS THIRTY (30) DAYS BEGINNING ON THE DATE OF THE AWARD.