Department of Defense, Office of Dependents Schools (Activity) and Overseas Education Association (Union) (Authority decision, October 31, 1980)

Final FLRA decision. The Authority dismissed the union's arbitration exceptions as late without reaching the award's merits. Orders under 5 U.S.C. § 7122 are generally excluded from judicial review by 5 U.S.C. § 7123(a)(1) unless they involve an unfair labor practice; this order does not state that it involves one.

Plain-English summary

The Overseas Education Association filed exceptions to an arbitration award in an Office of Dependents Schools dispute. The Authority treated the exceptions as late and dismissed them without examining the award's merits. It explained that it could not extend or waive the filing deadline.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Arbitration exceptions dismissed as untimely; the merits were not reached.
• Key point: The Authority applied the filing deadline and did not review the arbitration award.

Full text (FLRA public release)

[ v04 p559 ]

04:0559(74)AR

The decision of the Authority follows:

4 FLRA No. 74

DEPARTMENT OF DEFENSE,
OFFICE OF DEPENDENTS SCHOOLS
(Activity)

and

OVERSEAS EDUCATION ASSOCIATION
(Union)

Case No. 0-AR-153

ORDER DISMISSING EXCEPTIONS

ON OCTOBER 9, 1980, THE OVERSEAS EDUCATION ASSOCIATION (THE UNION),
FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR J. HARVEY DALEY IN THE
INSTANT CASE WITH THE AUTHORITY, PURSUANT TO SECTION 2425.1 OF THE
AUTHORITY'S REGULATIONS (5 C.F.R. 2425.1(1980)). FOR THE REASONS
INDICATED BELOW, IT HAS BEEN DETERMINED THAT THE SUBJECT EXCEPTIONS WERE
UNTIMELY FILED AND CANNOT BE ACCEPTED FOR REVIEW.

SECTION 2425.1(B) OF THE AUTHORITY'S REGULATIONS (5 C.F.R.
2425.1(B)(1980)) PROVIDES:

THE TIME LIMIT FOR FILING AN EXCEPTION TO AN ARBITRATION AWARD IS
THIRTY (30) DAYS

BEGINNING ON THE DATE OF THE AWARD.

THE SUBJECT ARBITRATION AWARD, AS INCLUDED IN THE UNION'S SUBMISSION,
IS DATED AUGUST 20, 1980. THEREFORE, UNDER SECTION 2425.1(B) OF THE
AUTHORITY'S REGULATIONS, THE UNION'S EXCEPTIONS WERE DUE IN THE OFFICE
OF THE AUTHORITY NO LATER THAN SEPTEMBER 18, 1980. HOWEVER, AS STATED
ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL
OCTOBER 9, 1980, IN THIS REGARD, THE AUTHORITY IS NOT EMPOWERED TO
EXTEND OR WAIVE THE TIME LIMIT FOR FILING EXCEPTIONS TO ARBITRATOR'S
AWARDS.

ACCORDINGLY, AS THE UNION'S EXCEPTIONS WERE UNTIMELY FILED, AND APART
FROM OTHER CONSIDERATIONS, THE UNION'S APPEAL IS HEREBY DISMISSED.

FOR THE AUTHORITY.

ISSUED, WASHINGTON, D.C., OCTOBER 31, 1980

HAROLD D. KESSLER, ACTING EXECUTIVE DIRECTOR