Department of the Air Force, Sacramento Air Force Logistics Center and American Federation of Government Employees, Local 1857 (Authority decision, March 16, 1987)

Final FLRA decision. The Authority dismisses exceptions to an arbitral award. Under 5 U.S.C. § 7123(a)(1), an order involving an arbitral award generally is excluded from judicial review unless it involves an unfair labor practice under § 7116. This decision does not state that it involves an unfair labor practice.

Plain-English summary

An employee at the Sacramento Air Force Logistics Center tried to challenge an arbitrator's award directly before the Authority. The FLRA's rules allowed a party to the arbitration to file exceptions. The Authority found that the employee participated only as the grievant; the union and the Air Force activity were the parties. It dismissed her exceptions for lack of standing and did not address the award's merits.

Decision snapshot

• Authority: Arbitration exception filing rule in 5 C.F.R. § 2425.1(a).
• Outcome: Grievant's exceptions dismissed for lack of standing.
• Key point: A grievant who was not a party to the arbitration cannot independently file exceptions under the FLRA's rule.

Full text (FLRA public release)

[ v26 p197 ]

26:0197(23)AR

The decision of the Authority follows:

26 FLRA No. 23

DEPARTMENT OF THE AIR FORCE
SACRAMENTO AIR FORCE LOGISTICS CENTER
MCCLELLAN AIR FORCE BASE, CALIFORNIA
Activity

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1857
Union

Case No. 0-AR-1301

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator Albert Schneider filed by Ms. Barbara Donahue, 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 Ms. Donahue's status in the proceeding before the arbitrator was limited to that of grievant and that she did not participate as a "party" in the proceeding. Consequently, since Ms. Donahue was not a party to the proceeding, she 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., March 16, 1987.
/s/ 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; . . . .