Defense Logistics Agency, Defense Depot Memphis and American Federation of Government Employees, Local 2501 (Authority decision, December 19, 1986)

Final FLRA decision. The Authority denies an individual grievant's exceptions to an arbitration award because he was not a party to the arbitration within the meaning of its filing rules. Section 7123(a)(1) excludes Authority orders involving arbitration awards from its ordinary 60-day judicial-review provision unless the order involves an unfair labor practice under § 7118; this decision does not decide one.

Plain-English summary

An individual employee of Defense Depot Memphis filed exceptions to an arbitration award in a case involving AFGE Local 2501. The Authority found that the union and agency had participated as the parties to the arbitration, while the employee had not. Under the Authority's rules, only a party to the arbitration could file exceptions. It denied the employee's exceptions without examining the award.

Decision snapshot

• Authority: Party status for arbitration exceptions under 5 C.F.R. §§ 2425.1(a) and 2421.11.
• Outcome: Individual grievant's exceptions denied.
• Key point: A grievant who did not participate as a party to arbitration could not independently file exceptions.

Full text (FLRA public release)

[ v24 p678 ]

24:0678(69)AR

The decision of the Authority follows:

24 FLRA No. 69

DEFENSE LOGISTICS AGENCY
DEFENSE DEPOT MEMPHIS
MEMPHIS, TENNESSE
Agency

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2501
Union

Case No. 0-AR-1257

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator Mathew W. Jewett filed on behalf of Mr. Joe A. Barlow, the grievant in the above-entitled case. For the reasons set forth below, the exceptions must be dismissed.

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

Either party to an 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 . . . .

In this case it appears that two parties, the Union and the Agency, participated as "parties" in the subject proceeding. Thus, it does not appear that Mr. Barlow, the grievant, participated as a "party" in the proceeding before the arbitrator. Consequently, the grievant is not entitled to file exceptions to the arbitrator's award under section 2425.1(a) of the Authority's Regulations.

Accordingly, and apart from other considerations, the grievant's exceptions are herby denied.

For the Authority.

Issued, Washington, D.C., December 19, 1986.
/s/ Harold D. Kessler
Director of Case Processing