Decision of Request for General Statement of Policy or Guidance (Authority decision, June 15, 1981)

FLRA interlocutory decision. The Authority rescinded its earlier dismissal after finding the union’s arbitration exceptions timely. The underlying exception proceeding remained open. Orders concerning an arbitration award under 5 U.S.C. § 7122 are generally excluded from judicial review under 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 sought reconsideration of an October 1980 order dismissing its arbitration appeal. Documents supplied with the request showed that its exceptions had actually been filed on time. The Authority therefore rescinded the dismissal. This short order reopened the exception proceeding and did not decide whether the arbitrator’s award was deficient.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Earlier dismissal rescinded; arbitration exceptions remain for review.
• Key point: Documents submitted on reconsideration established timely filing.

Full text (FLRA public release)

[ v04 p561 ]

04:0561(75)PS

The decision of the Authority follows:

4 FLRA No. 75

DEPARTMENT OF DEFENSE,
OFFICE OF DEPENDENTS SCHOOLS
(Activity)

and

OVERSEAS EDUCATION ASSOCIATION
(Union)

Case No. O-AR-153

ORDER

THIS MATTER IS BEFORE THE AUTHORITY PURSUANT TO A REQUEST BY THE
OVERSEAS EDUCATION ASSOCIATION (THE UNION) THAT THE AUTHORITY RECONSIDER
ITS ORDER OF OCTOBER 31, 1980, DISMISSING THE UNION'S APPEAL IN THE
ABOVE-ENTITLED CASE.

IT APPEARS FROM DOCUMENTS SUBMITTED WITH THE REQUEST FOR
RECONSIDERATION THAT THE UNION'S EXCEPTIONS WERE TIMELY FILED.
THEREFORE, THE AUTHORITY'S ORDER OF OCTOBER 31, 1980, DISMISSING THE
CASE IS HEREBY RESCINDED.

FOR THE AUTHORITY.

ISSUED, WASHINGTON, D.C., JUNE 15, 1981

JAMES J. SHEPARD, EXECUTIVE DIRECTOR