AFGE Local 3769 and Federal Grain Inspection Service (Authority decision, May 13, 1985)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority involving an arbitral award. The arbitration exclusion in 5 U.S.C. § 7123(a)(1) generally limits judicial review of Authority orders involving arbitral awards.

Plain-English summary

An employee filed exceptions to an arbitration award in a case between AFGE Local 3769 and the Federal Grain Inspection Service. The Authority found that the union and agency, rather than the individual employee, had participated as parties in the arbitration. Its rules allowed only a party to file exceptions. The Authority denied the employee's exceptions without addressing the award's merits.

Decision snapshot

• Authority: Arbitration exception party rule under 5 C.F.R. § 2425.1(a).
• Outcome: Individual grievant's exceptions denied.
• Key point: The employee was not a party to the arbitration for purposes of filing exceptions.

Full text (FLRA public release)

[ v17 p995 ]

17:0995(133)AR

The decision of the Authority follows:

17 FLRA No. 133

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 3769
Union

and

FEDERAL GRAIN INSPECTION SERVICE
Agency

Case No. 0-AR-961

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator John J. Maxwell filed by Mr. Charlie Horton, Jr., the grievant in the above-entitled case. For the reasons set forth below, the exceptions must be dismissed.

Section 2425.1(a) of the Authority's Rules and Regulations provides:

Either party to an arbitration under the provisions of chapter 71 of title 5 of the United States Code may file an exception to an arbitrator's award rendered pursuant to the arbitration.

Section 2421.11 of the Rules and Regulations provides in pertinent part:

"Party" means (a) any person . . . (4) who participated as a party . . . (ii) in a matter where the award of an arbitrator was issued. . . .

In this case it appears that two parties, the Union and the Agency, participated as "parties" in the subject proceeding. Thus, it does not appear that Mr. Horton, the grievant, participated as a "party" in the proceeding before the arbitrator. Consequently, the grievant is not entitled to file exceptions to the arbitrator's award under section 2425.1(a) of the Authority's Regulations.

Accordingly, and apart from other considerations, the grievant's exceptions are hereby denied. For the Authority. Issued, Washington, D.C., May 13, 1985 Harold D. Kessler Managing Director for Case Processing