Department of the Army, Fort Carson and AFGE Local 1345 (Authority decision, September 26, 1986)

Final FLRA decision. The Authority dismisses an individual grievant's exceptions to an arbitration award because he was not a party to the arbitration. Under 5 U.S.C. § 7123(a)(1), orders involving arbitral awards are generally excluded from judicial review unless they involve an unfair labor practice under 5 U.S.C. § 7116. This decision does not state that it involves one.

Plain-English summary

A Fort Carson employee filed exceptions to an arbitration award in a case involving the Army and AFGE Local 1345. The Authority found that the Army and the union were the parties before the arbitrator, while the employee participated only as the grievant. Under the Authority's rules, only a party to the arbitration could file exceptions. It dismissed the employee's exceptions without reviewing the award's merits.

Decision snapshot

• Authority: Party status and exceptions rules at 5 C.F.R. §§ 2421.11 and 2425.1(a).
• Outcome: Individual grievant's exceptions dismissed.
• Key point: Being the grievant did not itself make the employee a party entitled to file exceptions.

Full text (FLRA public release)

[ v23 p460 ]

23:0460(65)AR

The decision of the Authority follows:

23 FLRA No. 65

DEPARTMENT OF THE ARMY
FORT CARSON, COLORADO
Activity

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1345
Union

Case No. 0-AR-1220

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator Michael D. Rappaport filed by Mr. William D. Cooney, the grievant in the above-entitled case. For the reasons stated below, the exceptions must be dismissed.

Section 2425.1(a) of the Authority's Rules and Regulations provides:

Either party (emphasis added) to arbitration under the provisions of chapter 71 of title 5 of the United States Code may file an exception to an arbitrator's award rendered pursuant to the arbitration.

Section 2421.11 of the Rules and Regulations provides in pertinent part:

"Party" means (a) any person /*/ . . . (4) who participated as a party . . . (ii) in a matter where the award of an arbitrator was issued. . . .

It is clear that the Union and the Activity participated as "parties" in the subject proceeding. However, it appears that Mr. Cooney's status in the proceeding before the arbitrator was limited to that of grievant and that he did not participate as a "party" in the proceeding. Consequently, since Mr. Cooney was not a party to the proceeding, he is without standing under the Authority's Rules and Regulations to file exceptions to the arbitrator's award under section 2425.1(a) of the Authority's rules of procedure.

Accordingly, and apart from other considerations, the grievant's exceptions are hereby dismissed.

For the Authority.

Issued, Washington, D.C., September 26, 1986.
/s/ Harold D. Kessler
Harold D. Kessler
Director of Case Management

--------------- FOOTNOTES$ ---------------

(*) Section 7103(a)(1) of the Federal Service Labor-Management Relations Statute provides:

(a) For the purpose of this chapter (chapter 71 of title 5 of the United States Code) --

(1) "Person" means an individual, labor organization, or agency; . . .