Veterans Administration Medical Center and American Federation of Government Employees, Local 2384 (Authority decision, January 20, 1983)

Final FLRA decision. The Authority dismissed arbitration exceptions without reaching the award. Judicial review of an arbitration order is generally excluded by 5 U.S.C. § 7123(a)(1) unless it involves an unfair labor practice under § 7118. This order does not address an unfair labor practice.

Plain-English summary

A VA employee tried to challenge an arbitration award in a grievance involving his medical center and AFGE Local 2384. The Authority found that the union and the agency, rather than the employee, had participated as parties before the arbitrator. Its rules allowed a party to the arbitration to file exceptions. Because the employee had not been such a party, the Authority dismissed his exceptions without reviewing the award.

Decision snapshot

• Authority: Arbitration exceptions under 5 U.S.C. § 7122(a).
• Outcome: Grievant’s exceptions dismissed for lack of standing as an arbitration party.
• Key point: A grievant who did not participate as a party before the arbitrator could not file exceptions under the cited rules.

Full text (FLRA public release)

[ v11 p87 ]

11:0087(25)AR

The decision of the Authority follows:

11 FLRA No. 25

VETERANS ADMINISTRATION MEDICAL CENTER
(Activity)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2384
(Union)

Case No. O-AR-487

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on the exceptions of Mr. R. C. Norman II, the grievant in the above-entitled matter, to the award of Arbitrator Carl F. Stoltenberg. For the reasons set forth below, the exceptions must be dismissed.

Section 2425.1(a) of the Authority's Regulations 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 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. Norman, 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,

IT IS HEREBY ORDERED that the grievant's exceptions be, and they hereby are, dismissed. For the Authority. Issued, Washington, D.C., January 20, 1983 James J. Shepard, Executive Director