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

 4 FLRA No. 74
 
 DEPARTMENT OF DEFENSE,
 OFFICE OF DEPENDENTS SCHOOLS
 (Activity)
 
 and
 
 OVERSEAS EDUCATION ASSOCIATION
 (Union)
 
                                            Case No. 0-AR-153
 
                        ORDER DISMISSING EXCEPTIONS
 
    ON OCTOBER 9, 1980, THE OVERSEAS EDUCATION ASSOCIATION (THE UNION),
 FILED EXCEPTIONS TO THE AWARD OF ARBITRATOR J. HARVEY DALEY IN THE
 INSTANT CASE WITH THE AUTHORITY, PURSUANT TO SECTION 2425.1 OF THE
 AUTHORITY'S REGULATIONS (5 C.F.R. 2425.1(1980)).  FOR THE REASONS
 INDICATED BELOW, IT HAS BEEN DETERMINED THAT THE SUBJECT EXCEPTIONS WERE
 UNTIMELY FILED AND CANNOT BE ACCEPTED FOR REVIEW.
 
    SECTION 2425.1(B) OF THE AUTHORITY'S REGULATIONS (5 C.F.R.
 2425.1(B)(1980)) PROVIDES:
 
    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 THE UNION'S SUBMISSION,
 IS DATED AUGUST 20, 1980.  THEREFORE, UNDER SECTION 2425.1(B) OF THE
 AUTHORITY'S REGULATIONS, THE UNION'S EXCEPTIONS WERE DUE IN THE OFFICE
 OF THE AUTHORITY NO LATER THAN SEPTEMBER 18, 1980.  HOWEVER, AS STATED
 ABOVE, THE SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL
 OCTOBER 9, 1980, IN THIS REGARD, THE AUTHORITY IS NOT EMPOWERED TO
 EXTEND OR WAIVE THE TIME LIMIT FOR FILING EXCEPTIONS TO ARBITRATOR'S
 AWARDS.
 
    ACCORDINGLY, AS THE UNION'S EXCEPTIONS WERE UNTIMELY FILED, AND APART
 FROM OTHER CONSIDERATIONS, THE UNION'S APPEAL IS HEREBY DISMISSED.
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., OCTOBER 31, 1980
 
               HAROLD D. KESSLER, ACTING EXECUTIVE DIRECTOR