U.S. Department of the Air Force, Griffiss Air Force Base and AFGE Local 2612 (Authority decision, March 30, 1990)

FLRA interlocutory decision. The Authority dismisses exceptions to an arbitrator's scheduling of a hearing. The underlying arbitration has no final award, and the union may refile exceptions after one is issued. This order does not present the judicial-review provisions or arbitration exclusion in 5 U.S.C. § 7123(a) as finally determined.

Plain-English summary

An arbitrator scheduled an April 3 hearing in a dispute between Griffiss Air Force Base and AFGE Local 2612. The union appealed the scheduling decision to the Authority, arguing that it violated the labor agreement. The Authority held that a hearing schedule is a preliminary ruling and that the arbitrator had not issued a final award. It found no extraordinary circumstances warranting immediate review and dismissed the exceptions without prejudice. The union may raise them again after a final arbitration award.

Decision snapshot

• Authority: Interlocutory appeal rule in 5 C.F.R. § 2429.11.
• Outcome: Exceptions dismissed without prejudice; arbitration hearing remains pending.
• Key point: The Authority ordinarily waits for a final arbitration award before reviewing a scheduling ruling.

Full text (FLRA public release)

[ v35 p375 ]
35:0375(43)AR

The decision of the Authority follows:

35 FLRA NO. 43

U.S. DEPARTMENT OF THE AIR FORCE

GRIFFISS AIR FORCE BASE, NEW YORK

and

AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES

LOCAL 2612

0-AR-1875

ORDER DISMISSING EXCEPTIONS

March 30, 1990

On February 20, 1990, the American Federation of Government

Employees, Local 2612 (Union) filed exceptions to the ruling of

Arbitrator David C. Randles in the above-referenced case. For the

reasons set out below, the Union's exceptions must be dismissed

as interlocutory.

In a letter to the parties dated January 22, 1990,
the

Arbitrator scheduled a hearing for 10:00 a.m., April 3, 1990 at

either the Court Room or the Officer's Club, upon availability.

The Union excepts to the scheduling of the hearing, asserting

that the Arbitrator has violated the parties' collective

bargaining agreement.

The Union'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. American Federation of

Government Employees, GeneralCommittee and Department of Health

and Human Services, Social Security Administration, 32 FLRA 173

(1988); American Federation of Government Employees, General

Committee and Department of Health and Human Services, Social

Security Administration, 32 FLRA 175 (1988).

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 Union has not shown that there are extraordinary

circumstances which warrant a departure from our normal

practice.

The Union's exceptions are dismissed without
prejudice to

the Union to refile exceptions with the Authority after a final

award is rendered by the Arbitrator.

For the Authority.

Alicia N. Columna

Director, Case Control Office

FOOTNOTES:
(If blank, the decision does not
have footnotes.)