Department of Defense, Dependents Schools and Overseas Education Association, Inc.

 



[ 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