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