American Federation of Government Employees, Local 2431 (Union) and United States General Services Administration, Region 2, New York, New York (Agency) (Authority decision, November 21, 2016)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority involving an arbitral award under 5 U.S.C. § 7122. 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. This abbreviated decision does not state that the award involves an unfair labor practice.

Plain-English summary

An arbitrator found that an AFGE Local 2431 grievance involving GSA Region 2 had been filed prematurely and therefore was not arbitrable. The union's exceptions did not challenge that controlling procedural ruling. Instead, the exceptions addressed the arbitrator's additional comments about the grievance's merits. The Authority held that those comments were nonbinding dicta and could not provide a basis for overturning the award. It denied the exceptions, while the abbreviated public release did not describe the underlying grievance.

Decision snapshot

• Authority: 5 U.S.C. §§ 7122(a) and 7123(a)(1); 5 C.F.R. part 2425 and § 2425.7
• Outcome: The Authority denied the union's exceptions and left the ruling that the grievance was prematurely filed in place.
• Key point: When an arbitrator finds a grievance procedurally nonarbitrable, comments about the merits are nonbinding dicta and do not support exceptions.

Full text (FLRA public release)

70 FLRA No. 13

AMERICAN FEDERATION

OF GOVERNMENT EMPLOYEES

LOCAL 2431

(Union)

and

UNITED STATES

GENERAL SERVICES ADMINISTRATION

REGION 2

NEW YORK, NEW YORK

(Agency)

0‑AR‑5211

_____

DECISION

November 21, 2016

_____

Before the Authority: Carol Waller Pope, Chairman, and

Ernest DuBester and Patrick Pizzella, Members

This matter is before the Authority on exceptions to an award of Arbitrator Laurence M. Evans filed by the Union under § 7122(a) of the Federal Service Labor‑Management Relations Statute (the Statute)[1] and part 2425 of the Authority’s Regulations.[2] The Agency filed an opposition to the Union’s exceptions.

We have determined that this case is appropriate for issuance as an expedited, abbreviated decision under § 2425.7 of the Authority’s Regulations.[3]

The Union does not challenge the Arbitrator’s determination that the grievance was not arbitrable because it was prematurely filed. Further, to the extent that the Union’s exceptions challenge the Arbitrator’s holdings concerning the grievance’s merits, those exceptions challenge dicta, and do not provide a basis for finding the award deficient.[4]

Accordingly, we deny the Union’s exceptions.

[1] 5 U.S.C. § 7122(a).

[2] 5 C.F.R. pt. 2425.

[3] Id. § 2425.7 (“Even absent a [party’s] request, the Authority may issue expedited, abbreviated decisions in appropriate cases.”).

[4] AFGE, Council of Prison Locals, Council 33, 66 FLRA 602, 605 (2012) (where an arbitrator finds a grievance not procedurally arbitrable, any comments he or she makes concerning the merits of the grievance are non-binding dicta, and do not provide a basis for finding the award deficient).