18:0760(88)AR - DOD Dependents Schools, Pacific Region and Overseas Education Association, Pacific Region -- 1985 FLRAdec AR

 18 FLRA No. 88
 
 DEPARTMENT OF DEFENSE DEPENDENTS 
 SCHOOLS, PACIFIC REGION 
 Activity
 
 and 
 
 OVERSEAS EDUCATION ASSOCIATION, 
 PACIFIC REGION 
 Union
                                            Case No. 0-AR-974
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case is before the Authority on exceptions to the award of
 Arbitrator Thomas Q. Gilson filed by the Activity pursuant to section
 7122(a) of the Federal Service Labor-Management Relations Statute and
 section 2425.1 of the Authority's Rules and Regulations.  For the
 reasons stated below, it has been determined that the exceptions must be
 dismissed as untimely filed.
 
    The Arbitrator's award is dated April 4, 1985, and appears to have
 been served on the parties by mail on the same day.
 
    Under section 7122(b) of the Statute, as amended, /1/ and section
 2425.1 of the Authority's Rules and Regulations, as amended, /2/ which
 amendments are applicable to exceptions pending or filed with the
 Authority on or after March 2, 1984, and under sections 2429.21 and
 2429.22 of the Rules and Regulations, which are also applicable to
 computation of the time limit involved, any exceptions to the
 Arbitrator's award in this case had to be filed with the Authority no
 later than the close of business on May 8, 1985.  However the exceptions
 were not filed until May 9, 1985.  Therefore, the exceptions were
 untimely filed.
 
    Accordingly, as the Activity's exceptions were untimely filed, they
 are hereby dismissed.  For the Authority.  Issued, Washington, D.C.,
 June 26, 1985
                                       Harold D. Kessler
                                       Managing Director for Case
                                       Processing
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ Section 7122(b) of the Statute was amended by the Civil Service
 Miscellaneous Amendments Act of 1983 (Pub. L. No. 98-224, Sec. 4, 98
 Stat. 47, 48 (1984)) to provide that the 30-day period for filing
 exceptions to an arbitrator's award begins on the date the award is
 served on the filing party.
 
 
    /2/ 49 Fed.Reg. 22623 (1984).