[ 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