U.S. Army Finance and Accounting Center, Ft. Benjamin Harrison, Indiana (Activity) and American Federation of Government Employees, Local 1411, AFL-CIO (Union) (Authority decision, September 30, 1980)

Final FLRA decision. This order concerns exceptions to an arbitration award under 5 U.S.C. § 7122. Under 5 U.S.C. § 7123(a)(1), such orders are generally excluded from judicial review unless they involve an unfair labor practice under 5 U.S.C. § 7116; this decision does not state that it involves one.

Plain-English summary

A grievant personally filed exceptions to an arbitration award involving an Army finance center. The Authority found that the union and agency, rather than the grievant, were parties to the arbitration. Its rules therefore did not permit him to file exceptions. It dismissed the filing without reviewing the award’s merits.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Grievant’s exceptions dismissed for lack of party status.
• Key point: Only a party to the arbitration could file exceptions under the governing rule.

Full text (FLRA public release)

[ v04 p365 ]

04:0365(48)AR

The decision of the Authority follows:

4 FLRA No. 48

U.S. ARMY FINANCE AND ACCOUNTING CENTER,
FT. BENJAMIN HARRISON, INDIANA
(Activity)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1411
(Union)

Case No. O-AR-121

ORDER DISMISSING EXCEPTIONS

THIS CASE COMES BEFORE THE AUTHORITY ON THE EXCEPTIONS OF MR. SCOTT
S. STONE, THE GRIEVANT IN THE ABOVE-ENTITLED MATTER, TO THE AWARD OF
ARBITRATOR BARBARA W. DOERING THEREIN. FOR THE REASONS SET FORTH BELOW,
THE SUBJECT EXCEPTIONS MUST BE DISMISSED.

SECTION 2425.1(A) OF THE AUTHORITY'S REGULATIONS (5 C.F.R. 2425.1(A)
(1980)) PROVIDES:

EITHER PARTY TO 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 AUTHORITY'S REGULATIONS (5 C.F.R.
2421.11(1980)), 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, THE ARBITRATOR'S OPINION AND AWARD CLEARLY INDICATES
THAT TWO PARTIES (THE UNION AND THE ACTIVITY) PARTICIPATED AS "PARTIES"
IN THE ARBITRATION PROCEEDING HERE INVOLVED. THUS, IT DOES NOT APPEAR
FROM THE ARBITRATOR'S OPINION AND AWARD THAT MR. STONE, 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, SINCE THE GRIEVANT IS NOT ENTITLED TO FILE EXCEPTIONS TO
THE SUBJECT ARBITRATOR'S AWARD UNDER THE AUTHORITY'S REGULATIONS, AND
APART FROM OTHER CONSIDERATIONS, /1/

IT IS HEREBY ORDERED THAT THE GRIEVANT'S EXCEPTIONS BE, AND THEY
HEREBY ARE, DISMISSED.

FOR THE AUTHORITY.

ISSUED, WASHINGTON, D.C., SEPTEMBER 30, 1980

HAROLD D. KESSLER, ACTING EXECUTIVE DIRECTOR

CERTIFICATE OF SERVICE

COPIES OF THE ORDER OF THE FEDERAL LABOR RELATIONS AUTHORITY IN THE
SUBJECT PROCEEDING HAVE THIS DAY BEEN MAILED TO THE PARTIES LISTED
BELOW:

MR. SCOTT S. STONE

7426 KICKAPOO TRAIL

INDIANAPOLIS, INDIANA 46219

MS. COLLEEN SONTAG

LABOR RELATIONS OFFICER

OFFICE OF CIVILIAN PERSONNEL

U.S. ARMY FINANCE AND ACCOUNTING CENTER

FORT BENJAMIN HARRISON, INDIANA 46216

MR. DAVID D. SMITH

NATIONAL REPRESENTATIVE

AMERICAN FEDERATION OF

GOVERNMENT EMPLOYEES, AFL-CIO

826 RAINBOW LANE

INDIANAPOLIS, INDIANA 46260

--------------- FOOTNOTES$ ---------------

/1/ IN THIS REGARD, SECTION 2425.1(B) OF THE AUTHORITY'S REGULATIONS
(5 C.F.R. 2425.1(B)(1980)) SPECIFIES THAT THE TIME LIMIT FOR FILING AN
EXCEPTION TO AN ARBITRATOR'S AWARD IS 30 DAYS BEGINNING ON THE DATE OF
THE AWARD. AS STATED IN THE SUBJECT EXCEPTIONS, THE SUBJECT AWARD WAS
DATED MAY 29, 1980. THUS, ANY EXCEPTIONS TO THAT AWARD WERE DUE IN THE
OFFICE OF THE AUTHORITY NO LATER THAN JUNE 27, 1980. HOWEVER, THE
GRIEVANT'S EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL JULY 8,
1980. THUS, THOSE EXCEPTIONS APPEAR TO HAVE BEEN UNTIMELY FILED.