U.S. Department of the Air Force, Oklahoma City Air Logistics Center, Tinker Air Force Base, Oklahoma and American Federation of Government Employees, Local 916 (Authority decision, May 13, 1994)

Final FLRA decision. This Authority order dismisses arbitration exceptions and ends this exceptions proceeding. Under 5 U.S.C. § 7123(a)(1), an order involving an arbitral award is generally excluded from judicial review unless it involves an unfair labor practice under 5 U.S.C. § 7116. This order concerns standing to file exceptions and does not decide an unfair labor practice.

Plain-English summary

An employee at Tinker Air Force Base filed her own exceptions to an arbitrator's award. The Authority asked her to show why the exceptions should not be dismissed for lack of standing. She responded that the union had refused to authorize the filing and that she had filed on her own behalf. The Authority found that the arbitration parties were the union and the agency, and the employee had not participated as a party or been authorized to file for one. It dismissed her exceptions without reaching the award's merits.

Decision snapshot

• Authority: Party standing to file arbitration exceptions under 5 C.F.R. § 2425.1(a).
• Outcome: Employee's exceptions dismissed.
• Key point: A grievant who was neither an arbitration party nor authorized by one could not file exceptions independently.

Full text (FLRA public release)

[ v49 p968 ]
49:0968(92)AR

The decision of the Authority follows:

49 FLRA No. 92

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S DEPARTMENT OF THE AIR FORCE

OKLAHOMA CITY AIR LOGISTICS CENTER

TINKER AIR FORCE BASE, OKLAHOMA

(Agency)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

LOCAL 916

(Union)

0-AR-2604

ORDER DISMISSING EXCEPTIONS

May 13, 1994

On March 28, l994, the grievant, Cheryl Leigh Burns, filed exceptions to the award of Arbitrator Thomas A. Cipolla in the above-captioned case. For the reasons set out below, the exceptions must be dismissed.

On April 13, 1994, the Authority directed the grievant to show cause why her exceptions should not be dismissed for lack of standing to file exceptions.

The grievant filed a timely response to the Authority's Order. In the grievant's response, she states that she "was refused authorization" by the Union and that the exceptions were filed "on her own behalf."

The Authority's Regulations provide that "[e]ither party to an arbitration proceeding may file an exception to an arbitrator's award rendered pursuant to the arbitration." 5 C.F.R. § 2425.1(a). The caption of the award indicates that the parties to the arbitration proceeding are the Union, American Federation of Government Employees, Local 916, and the Agency, U.S. Department of the Air Force, Oklahoma City Air Logistics Center, Tinker Air Force Base, Oklahoma. There is no indication in the record that the grievant participated as a "party" in the arbitration proceeding. In addition, the grievant has not been authorized by a party to file an exception.

As the grievant was not a party to the proceeding and was not authorized by a party to file on its behalf, the grievant 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:
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