American Federation of Government Employees, Local 119 and U.S. Department of the Army, III Corps and Fort Hood, Fort Hood, Texas (Authority decision, August 17, 1990)

Final FLRA decision. The Authority dismisses exceptions to an arbitral award, ending its review of the award under 5 U.S.C. § 7122(a). 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

AFGE Local 119 filed exceptions to an arbitrator's award involving Fort Hood. The Authority ordered the union to serve a complete copy of its exceptions and attachments on the Army and file proof of service by August 3, 1990. The union did not respond. The Authority dismissed the exceptions without addressing the underlying arbitration dispute.

Decision snapshot

• Authority: Arbitration exceptions under 5 U.S.C. § 7122(a).
• Outcome: Union exceptions dismissed for failure to comply with a service correction order.
• Key point: The union's failure to supply the requested service materials ended its Authority appeal.

Full text (FLRA public release)

[ v36 p704 ]
36:0704(73)AR

The decision of the Authority follows:

36 FLRA No. 73

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 119

(Union)

and

U.S. DEPARTMENT OF THE ARMY

III CORPS AND FORT HOOD

FORT HOOD, TEXAS

(Agency)

0-AR-1954

ORDER DISMISSING EXCEPTIONS

August 17, 1990

On July 25, 1990, the Authority issued an Order granting the Union an opportunity to correct deficiencies in its exceptions to the award of Arbitrator Harry Weisbrod in the above-captioned case. The Union was directed to serve a complete copy of its exceptions, including all attachments on the Agency and to file a statement of service with the Authority.

The Authority's Order stated that the Union's submission must be filed by August 3, 1990, and that failure to comply with the order may result in dismissal of the Union's exceptions.

The Union has failed to respond to the Authority's Order of July 25, 1990. Accordingly, the Union's exceptions are dismissed.

For the Authority.

Alicia N. Columna

Director, Case Control Office

FOOTNOTES:
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have footnotes.)