Warner Robins Air Logistics Center and American Federation of Government Employees, Local 987 (Authority decision, March 12, 1979)

Final FLRA decision. The Authority denied a grievant's petition to review an arbitration award because she was not a party to the arbitration. 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 decision does not address an unfair labor practice.

Plain-English summary

A grievant sought review of an arbitration award involving Warner Robins Air Logistics Center and AFGE Local 987. The Authority found that the union and the agency had participated as parties in the arbitration, while the grievant had participated only as a witness and had not been named a party. Under the applicable transition rule, only an aggrieved party could seek review. The Authority denied her petition without reaching the award's merits. It also noted that any appeal of the award was due by January 15, 1979.

Decision snapshot

• Authority: 5 C.F.R. § 2411.33(a) (1978); 5 U.S.C. § 7135(b).
• Outcome: Petition for review denied for lack of party status.
• Key point: Participation as a grievant and witness did not make the petitioner a party to the arbitration for review purposes.

Full text (FLRA public release)

[ v01 p95 ]

01:0095(5)AR

The decision of the Authority follows:

1 FLRA No. 5
MARCH 12, 1979

MS. MARY ANN MILLER
3378 TOOLE DRIVE
MACON, GEORGIA 31206

RE: WARNER ROBINS AIR LOGISTICS CENTER,
ROBINS AIR FORCE BASE, GEORGIA AND
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 987 (DALLAS,
ARBITRATOR), CASE No. 0-AR-9

DEAR MS. MILLER:

THIS REFERS TO YOUR PETITION FOR REVIEW OF THE ARBITRATOR'S AWARD IN
THE ABOVE-ENTITLED CASE, FILED WITH THE AUTHORITY ON FEBRUARY 6, 1979,
AS SUPPLEMENTED BY YOUR RECENT LETTER, FILED ON MARCH 8, 1979. FOR THE
REASONS SET FORTH BELOW, THE AUTHORITY HAS DETERMINED THAT YOUR APPEAL
MUST BE DENIED.

UNDER 5 C.F.R. 2411.33(A)(1978), WHICH IS INCORPORATED BY REFERENCE
IN SECTION 2400.5 OF THE AUTHORITY'S TRANSITION RULES AND REGULATIONS
(44 FED.REG. 7) AND WHICH IS CURRENTLY EFFECTIVE PURSUANT TO SECTION
7135(B) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (92
STAT. 1215), ONLY A "PARTY AGGRIEVED" BY AN ARBITRATOR'S AWARD MAY FILE
A PETITION FOR REVIEW OF THAT AWARD. THE TERM "PARTY" IS DEFINED IN
SECTION 2411.3(C)(3) OF THE RULES (5 C.F.R. 2411.3(C)(3)(1978)), ALSO
CURRENTLY EFFECTIVE, AS FOLLOWS:

(C) "PARTY" MEANS ANY PERSON, EMPLOYEE, LABOR ORGANIZATION, OR AGENCY
THAT PARTICIPATED AS

A PARTY--

. . . .

(3) IN A MATTER WHERE THE AWARD OF AN ARBITRATOR WAS ISSUED UNDER THE
ORDER.

IN THIS CASE, BASED UPON THE RECORD BEFORE THE AUTHORITY, IT APPEARS
THAT THE UNION AND THE ACTIVITY PARTICIPATED AS PARTIES IN THE
ARBITRATION PROCEEDING HERE INVOLVED, AND THAT YOU, THE GRIEVANT AND A
WITNESS IN THE CASE, WERE NOT NAMED AS A PARTY BY THE ARBITRATOR AND DID
NOT OTHERWISE PARTICIPATE AS A PARTY IN SUCH PROCEEDING.

ACCORDINGLY, YOU ARE NOT A "PARTY AGGRIEVED" WITHIN THE MEANING OF
SECTION 2411.33(A) OF THE RULES CITED AND, APART FROM OTHER
CONSIDERATIONS, /1/ YOUR PETITION FOR REVIEW OF THE SUBJECT AWARD MUST
THEREFORE BE DENIED.

FOR THE AUTHORITY.

SINCERELY,

HAROLD D. KESSLER

DEPUTY EXECUTIVE DIRECTOR

CC: (W/C MS. MILLER'S LETTERS

AND ENCLOSURES)

K. T. BLAYLOCK

AFGE

D. A. DRESSER

AIR FORCE

/1/ AMONG OTHER THINGS, UNDER 5 C.F.R. 2411.33(B) AND 2411.45(A) AND
(C), ANY APPEAL OF THE SUBJECT ARBITRATION AWARD WAS DUE IN THE OFFICE
OF THE AUTHORITY NO LATER THAN JANUARY 15, 1979.