DOD Dependents Schools Pacific and Overseas Education Association (Authority decision, June 26, 1985)

Final FLRA decision. The Authority resolves 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 school system filed exceptions to an arbitration award served by mail on April 4, 1985. The Authority calculated a May 8 filing deadline and received the exceptions on May 9. It dismissed them as untimely under the amended filing rule and did not decide the substance of the arbitration dispute.

Decision snapshot

• Authority: Arbitration exceptions under 5 U.S.C. § 7122.
• Outcome: Exceptions dismissed as untimely.
• Key point: The exceptions arrived one day after the filing deadline.

Full text (FLRA public release)

[ v18 p760 ]

18:0760(88)AR

The decision of the Authority follows:

18 FLRA No. 88

DEPARTMENT OF DEFENSE DEPENDENTS
SCHOOLS, PACIFIC REGION
Activity

and

OVERSEAS EDUCATION ASSOCIATION,
PACIFIC REGION
Union
Case No. 0-AR-974

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator Thomas Q. Gilson filed by the Activity 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 reasons stated below, it has been determined that the exceptions must be dismissed as untimely filed.

The Arbitrator's award is dated April 4, 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 involved, any exceptions to the Arbitrator's award in this case had to be filed with the Authority no later than the close of business on May 8, 1985. However the exceptions were not filed until May 9, 1985. Therefore, the exceptions were untimely filed.

Accordingly, as the Activity's exceptions were untimely filed, they are hereby dismissed. For the Authority. Issued, Washington, D.C., June 26, 1985 Harold D. Kessler Managing Director for Case Processing

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

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