Department of Defense, Dependents Schools and Overseas Education Association, Inc. (Authority decision, May 23, 1980)

Final FLRA decision. This order concerns exceptions to an arbitration award under 5 U.S.C. § 7122. Under 5 U.S.C. § 7123(a)(1), such orders 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

Counsel for an overseas schools union filed exceptions to an arbitration award after the governing deadline. The Authority found the exceptions could not be accepted for review. It dismissed the appeal without reaching the award’s merits.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Arbitration appeal dismissed as untimely.
• Key point: The filing deadline prevented merits review.

Full text (FLRA public release)

[ v03 p258 ]

03:0258(39)AR

The decision of the Authority follows:

3 FLRA No. 39

May 23, 1980

Mr. Gerald Hyland
Attorney at Law
Hyland And Hyland
616 South Washington Street
Alexandria, Virginia 22314

Re: Department of Defense, Dependents
Schools and Overseas Education
Association, Inc. (Kleeb, Arbitrator),
Case NO. O-AR-51

DEAR MR. HYLAND:

THIS REFERS TO YOUR EXCEPTIONS TO THE ARBITRATOR'S AWARD IN THE
ABOVE-ENTITLED CASE, FILED WITH THE AUTHORITY ON OCTOBER 25, 1979.

FOR THE REASONS INDICATED BELOW, IT HAS BEEN DETERMINED THAT YOUR
EXCEPTIONS WERE UNTIMELY FILED AND CANNOT BE ACCEPTED FOR REVIEW.

SECTION 2425.1(B) OF THE REGULATIONS OF THE FEDERAL LABOR RELATIONS
AUTHORITY (45 F.R. 3513(1980)), COPY ENCLOSED) PROVIDES:

(B) 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 YOUR SUBMISSION, IS
DATED SEPTEMBER 7, 1979. THEREFORE, UNDER SECTION 2425.1(B) OF THE
AUTHORITY'S REGULATIONS, YOUR EXCEPTIONS WERE DUE IN THE OFFICE OF THE
AUTHORITY NO LATER THAN OCTOBER 8, 1979. HOWEVER, AS STATED ABOVE, YOUR
EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL OCTOBER 25, 1979. IN
THIS REGARD, THE AUTHORITY IS NOT EMPOWERED TO EXTEND OR WAIVE THE TIME
LIMIT FOR FILING EXCEPTIONS TO ARBITRATOR'S AWARDS.

ACCORDINGLY, AS YOUR EXCEPTIONS WERE UNTIMELY FILED, AND APART FROM
OTHER CONSIDERATIONS, YOUR APPEAL IS HEREBY DISMISSED.

FOR THE AUTHORITY

SINCERELY,

SAMUEL A. CHAITOVITZ

EXECUTIVE DIRECTOR

ENCLOSURE

CC: ANTHONY CARDINALE

DODDS