U.S. Department of Veterans Affairs Medical Center, Buffalo, New York and Service Employees International Union, Local 200-C (Authority decision, May 31, 1990)

Final FLRA decision. The Authority dismissed an individual grievant's exceptions to an arbitral award for lack of standing under 5 C.F.R. § 2425.1(a). It did not review the merits of the arbitrator's decision. Judicial review under 5 U.S.C. § 7123(a) generally does not extend to an order involving an arbitral award unless the order involves an unfair labor practice under 5 U.S.C. § 7116.

Plain-English summary

An employee at the Buffalo VA Medical Center filed exceptions to an arbitrator's award on his own. The Authority asked him to explain his standing. The union president said the union would not participate but did not object to the employee pursuing the case if allowed. The Authority found that only the agency and union had participated as parties in the arbitration, and the union had not authorized the employee to file on its behalf. It dismissed his exceptions without addressing the award's merits.

Decision snapshot

• Authority: Party status and exceptions under 5 C.F.R. §§ 2421.11 and 2425.1(a).
• Outcome: Individual grievant's exceptions dismissed for lack of standing.
• Key point: A grievant who was not an arbitration party needed union authorization to file exceptions on its behalf.

Full text (FLRA public release)

[ v35 p1298 ]
35:1298(150)AR

The decision of the Authority follows:

35 FLRA NO. 150

U.S.
DEPARTMENT OF VETERANS AFFAIRS

MEDICAL CENTER

BUFFALO, NEW YORK

(Agency)

and

SERVICE EMPLOYEES
INTERNATIONAL UNION

LOCAL 200-C

(Union)

0-AR-1904

ORDER DISMISSING EXCEPTIONS

May 31, 1990

On April 19, 1990, the grievant, Mr. James Carney,
filed

exceptions to the award of Arbitrator Wade J. Newhouse in the

above-captioned case. For the reasons set out below, the

exceptions must be dismissed.

On May 8, 1990, the Authority directed Mr. Carney
to show

cause why his exceptions should not be dismissed for lack of

standing to file exceptions. On May 22, 1990, the grievant filed

a response and attached a copy of a letter, dated May 14, 1990,

from Thomas M. Beatty, Union President. In this letter, Mr.

Beatty stated that the "Union does not intend to participate in

the appeal of case #0-AR-1904. However, the Union does not object

to you pursuing this matter on your own if the FLRA will permit

it."

Section 7122 of the Federal Service Labor -
Management

Relations Statute and section 2425.1 of the Authority's

Regulations provide that either party to an arbitration may file

exceptions with the Authority to the arbitrator's award. Section

2421.11 of our Regulations defines the term "party" to include

"any person who participated as a party ... in a matter where the

award of an arbitrator was issued(.)"

In this case, the Agency and the Union
participated as

parties in the matter before the Arbitrator. It appears Mr.

Carney's status in the proceeding before the Arbitrator was

limited to that of grievant. There is no indication in the

record that the grievant participated as a "party" in the matter

before the Arbitrator. In addition, the Union has not authorized

Mr. Carney to file exceptions on its behalf.

Since Mr. Carney was not a party to the proceeding
and was

not authorized by the Union to file on its behalf, Mr. Carney is

without standing under 5 C.F.R. 2425.1(a) to file exceptions to

the arbitrator's award. Accordingly, the grievant's exceptions

are dismissed.

For the Authority.

Alicia N. Columna

Director, Case Control Office

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