Department of Defense, Office of Dependents Schools (Agency) and Overseas Education Association (Union)



[ v08 p107 ]
08:0107(21)AR
The decision of the Authority follows:


 8 FLRA No. 21
 
 DEPARTMENT OF DEFENSE,
 OFFICE OF DEPENDENTS
 SCHOOLS
 Agency
 
 and
 
 OVERSEAS EDUCATION
 ASSOCIATION
 Union
 
                                            Case No. 0-AR-153
 
                                 DECISION
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR J. HARVEY DALY FILED BY THE UNION UNDER SECTION 7122(A) OF
 THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE) (5
 U.S.C. 7122(A)) AND PART 2425 OF THE AUTHORITY'S RULES AND REGULATIONS
 (5 CFR PART 2425).  /1/1 THE AGENCY FILED AN OPPOSITION.
 
    ACCORDING TO THE ARBITRATOR THE ISSUE SUBMITTED TO ARBITRATION
 QUESTIONED WHETHER THE GRIEVANT HAD BEEN UNJUSTLY DENIED A PROMOTION AND
 WHETHER THE GRIEVANCE HAD BEEN TIMELY FILED.  THE ARBITRATOR DETERMINED
 UNDER THE PARTIES' COLLECTIVE BARGAINING AGREEMENT THAT THE GRIEVANCE
 WAS UNTIMELY BECAUSE IT DID NOT MEET THE 10-DAY FILING REQUIREMENT AND
 BECAUSE THE CIRCUMSTANCES OF THE DELAY DID NOT QUALIFY FOR AN EXCEPTION
 TO THAT 10-DAY REQUIREMENT.  CONCLUDING THAT THE GRIEVANT HAD
 ACCORDINGLY RELINQUISHED HIS RIGHTS UNDER THE AGREEMENT AND THAT
 THEREFORE IT COULD NOT BE FOUND THAT THE GRIEVANT HAD BEEN UNJUSTLY
 DENIED A PROMOTION, THE ARBITRATOR DENIED THE GRIEVANCE.
 
    IN ITS EXCEPTIONS TO THE AWARD, THE UNION CONTENDS THAT THE AWARD IS
 DEFICIENT BECAUSE THE ARBITRATOR'S DETERMINATION THAT THE GRI