21:0042(8)AR - DOD Dependents Schools, Germany Region and Overseas Education Association -- 1986 FLRAdec AR

[ v21 p42 ]
The decision of the Authority follows:

 21 FLRA No. 8
                                            Case No. 0-AR-1094
                        ORDER DISMISSING EXCEPTIONS
    This case is before the Authority on exceptions to the award of
 Arbitrator Bernard Cushman filed by the Union 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 reason
 stated below, it has been determined that the exceptions must be
 dismissed as untimely filed.
    The Arbitrator' s award is dated December 31, 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 here involved, any exceptions to the
 Arbitrator' s award in this case had to be filed, that is, received in
 the national office of the Authority not later than the close of
 business on February 3, 1986.  However, the exceptions were not filed
 with the Authority at its national office in Washington, D.C., until
 February 4, 1986.
    Accordingly, as the Union's exceptions were untimely filed, they are
 hereby dismissed.
    For the Authority.
    Issued, Washington, D.C., February 24, 1986
                                       Harold D. Kessler
                                       Director of Case Management
 --------------- FOOTNOTES$ ---------------
    /1/ Section 7122(b) of the Statute was amended by the Civil Service
 Miscellaneous Amendments Act of 1983 (Pub.  L. No. 98-224, 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).