AFGE Local 2904 and United States Marine Corps (Authority decision, September 5, 1985)

Final FLRA decision. This order dismisses exceptions filed by an individual who was not an arbitration party; it does not decide the disputed agreement terms. Under 5 U.S.C. § 7123(a)(1), Authority orders involving arbitral awards are generally excluded from judicial review unless they involve an unfair labor practice under 5 U.S.C. § 7116. This order does not state that it involves one.

Plain-English summary

An individual union member filed exceptions challenging terms of a master labor agreement that she attributed to an interest arbitrator. The Authority found no signed, dated award in the record and found that the individual was not a party entitled to file exceptions under its arbitration rules. It dismissed her exceptions without addressing the agreement terms.

Decision snapshot

• Authority: Arbitration exception procedure under 5 U.S.C. § 7122(a).
• Outcome: Individual member's exceptions dismissed for lack of party standing.
• Key point: Only an arbitration party could file exceptions under the cited rule.

Full text (FLRA public release)

[ v20 p3 ]

20:0003(1)AR

The decision of the Authority follows:

20 FLRA No. 1

AMERICAN FEDERAL OF GOVERNMENT EMPLOYEES
LOCAL 2904
Union
and
UNITED STATES MARINE CORPS

Agency

Case No. 0-AR-987

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to certain portions of the Master Labor Agreement effective April 27, 1985, between the parties in the above-entitled case. The exceptions were filed by a "member" of the Union, a Ms. Patricia E. Spencer, who alleges in the exceptions that the offending contractual language was the work of Arbitrator Jerome H. Ross. For the reasons stated below, it has been determined that 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:

Sec. 2421.11 Party.

"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 the Union and the Agency, are parties to a Master Labor Agreement that went into effect on April 27, 1985. The record before the Authority further indicates that the Union and Agency were "parties" to an interest arbitration award in the above-entitled proceeding. However, no signed and dated "award" as such has been submitted to the Authority. Therefore, based on the evidence presented, it is concluded that Ms. Spencer does not have standing as a "party" under section 2425.1(a) of the Authority's rules of procedure to file the subject exceptions with the Authority.

Accordingly, and apart from other considerations, the exceptions filed by Ms. Spencer are hereby dismissed.

For the Authority.

Issued, Washington, D.C., September 5, 1985 Harold D. Kessler Managing Director for Case Processing