U.S. Department of the Air Force, Griffiss Air Force Base, New York and American Federation of Government Employees, Local 2612 (Authority decision, March 30, 1990)

FLRA interlocutory decision. The Authority dismissed the union's exceptions without prejudice because the arbitrator had not issued a final award. The scheduled arbitration hearing and underlying dispute remain unresolved. The union may file exceptions after the arbitrator issues a final award.

Plain-English summary

AFGE Local 2612 challenged an arbitrator's decision to schedule a hearing for April 4, 1990. The union said the scheduling ruling violated its collective bargaining agreement. The Authority held that a hearing date is a preliminary ruling, and the arbitrator had not yet made a final award. It found no extraordinary reason to review the ruling early. The union's exceptions were dismissed without prejudice to filing again after a final award.

Decision snapshot

• Authority: Interlocutory review under 5 C.F.R. § 2429.11.
• Outcome: Union exceptions dismissed without prejudice; arbitration remains pending.
• Key point: An arbitrator's hearing schedule cannot ordinarily be appealed to the Authority before a final award.

Full text (FLRA public release)

[ v35 p360 ]
35:0360(40)AR

The decision of the Authority follows:

35 FLRA NO. 40

U.S. DEPARTMENT OF THE AIR FORCE

GRIFFISS AIR FORCE BASE NEW YORK

and

AMERICAN
FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 2612

0-AR-1879

ORDER DISMISSING EXCEPTIONS

March 30, 1990

On March 5, 1990, the American Federation of Government

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

Arbitrator James R. Markowitz in the above-referenced case. For

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

dismissed as interlocutory.

The Union states that on February 16, 1990, the
Arbitrator

scheduled a hearing for April 4, 1990. The Union filed its

exceptions to the Arbitrator's ruling to hold the arbitration

hearing on April 4, 1990. The Union also states that the

Arbitrator's decision violates 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, General Committee 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.)