Department of Defense Dependents Schools, Germany Region and Overseas Education Association (Authority decision, February 24, 1986)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority on exceptions to an arbitration award. Under 5 U.S.C. § 7123(a)(1), orders involving arbitral awards are generally excluded from judicial review unless they involve an unfair labor practice under 5 U.S.C. § 7116. This decision does not state that it involves one.

Plain-English summary

The Overseas Education Association filed exceptions to an arbitration award served by mail on December 31, 1985. The Authority calculated a February 3 deadline for receipt at its national office. The exceptions arrived on February 4, so the Authority dismissed them without considering the award's merits.

Decision snapshot

• Authority: Arbitration exception deadline under 5 U.S.C. § 7122(b) and 5 C.F.R. § 2425.1.
• Outcome: Union exceptions dismissed as untimely.
• Key point: Arbitration exceptions must reach the Authority's national office by the calculated filing deadline.

Full text (FLRA public release)

[ v21 p42 ]

21:0042(8)AR

The decision of the Authority follows:

21 FLRA No. 8

DEPARTMENT OF DEFENSE DEPENDENTS
SCHOOLS, GERMANY REGION
Activity

and

OVERSEAS EDUCATION ASSOCIATION
Union

Case No. 0-AR-1094

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator Bernard Cushman 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 reason stated below, it has been determined that the exceptions must be dismissed as untimely filed.

The Arbitrator' s award is dated December 31, 1985, and appears to have been 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, that is, received in the national office of the Authority not later than the close of business on February 3, 1986. However, the exceptions were not filed with the Authority at its national office in Washington, D.C., until February 4, 1986.

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

For the Authority.

Issued, Washington, D.C., February 24, 1986 (s)--- Harold D. Kessler Director of Case Management

--------------- FOOTNOTES$ ---------------

/1/ Section 7122(b) of the Statute was amended by the Civil Service Miscellaneous Amendments Act of 1983 (Pub. L. No. 98-224, 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).