U.S. Department of Defense, Army and Air Force Exchange Service and National Federation of Federal Employees, Local 977 (Authority decision, November 30, 1990)

FLRA interlocutory decision. The Authority dismisses exceptions to an arbitrator's interim award because the arbitrator retained jurisdiction over the unresolved remedy. The parties may seek review after a final award. This decision does not present a final judicial-review period under 5 U.S.C. § 7123(a).

Plain-English summary

An arbitrator directed the Army and Air Force Exchange Service and the union to meet about a financial remedy, while retaining authority to decide the remedy if they could not agree. The agency filed exceptions before that remedy was resolved. The Authority dismissed the exceptions as premature because the arbitrator had not issued a final award and the agency showed no extraordinary reason for immediate review. The document notes that a later remedy award and a separate appeal were pending.

Decision snapshot

• Authority: Arbitration exceptions under 5 U.S.C. § 7122(a) and interlocutory appeals under 5 C.F.R. § 2429.11.
• Outcome: Agency exceptions dismissed as interlocutory.
• Key point: An arbitrator's retained jurisdiction over the remedy left the award unfinished for Authority review.

Full text (FLRA public release)

[ v38 p587 ]

38:0587(53)AR

The decision of the Authority follows:

38 FLRA NO. 53
38 FLRA 587

30 NOV 1990

U.S. DEPARTMENT OF DEFENSE
ARMY AND AIR FORCE EXCHANGE SERVICE
(Agency)

and

NATIONAL FEDERATION OF FEDERAL EMPLOYEES LOCAL 977 (Union)

0-AR-1831

ORDER DISMISSING EXCEPTIONS

November 30, 1990

The Agency has filed exceptions to the November 11, 1989 award of Arbitrator Donald A. Anderson pursuant to section 7122(a) of the Federal Service Labor - Management Relations Statute (the Statute) and part 2425 of the Authority's Rules and Regulations. The Union did not file an opposition to the Agency's exceptions. For the reasons stated below, the Agency's exceptions are interlocutory and must be dismissed.

The Arbitrator concluded that the record was "inadequate and/or insufficient" to effect an appropriate remedy and directed the parties to "meet for the purpose of (e)ffecting an agreement on an appropriate financial arrangement" to settle the matter. Award at 14. The Arbitrator retained jurisdiction to rule on a remedy if the parties were unable to agree upon a remedy settlement.

The Agency's exceptions are interlocutory. An interlocutory appeal concerns a ruling which is preliminary to final disposition of a matter. The Authority "ordinarily will not consider interlocutory appeals." 5 C.F.R. 2429.11. In an arbitration case, this means that the Authority ordinarily will not consider an appeal of an arbitrator's ruling until the arbitrator has issued a final decision. See U.S. Department of Health and Human Services, Social Security Administration, Baltimore, Maryland and American Federation of Government Employees, SSA General Committee, 34 FLRA 373, 375 (1990) (Social Security Administration) and cases cited therein.

In this case, it is clear that the Arbitrator has not yet rendered a final award on this dispute. Thus, the Union's exceptions are interlocutory and the facts and circumstances do not warrant review of the exceptions at this time. In addition, the Agency has not shown that there are extraordinary circumstances which warrant a departure from our normal practice.

Accordingly, the Agency's exceptions are dismissed. 1

For the Authority.

Alicia N. Columna
Director, Case Control Office

FOOTNOTES

Footnote 1 On July 20, 1990, the Arbitrator issued his award on the remedy. The Agency filed exceptions to the Arbitrator's award and the Union filed an opposition to the Agency's exceptions. U.S. Department of Defense, Army and Air Force Exchange Service and National Federation of Federal Employees, Local 977, Case No. 0-AR-1979 (1990). This case is pending before the Authority.