U.S. Marine Corps Logistics Base, Barstow, California and American Federation of Government Employees, Local 1482 (Authority decision, May 12, 1983)

Final FLRA decision. The Authority denied exceptions to an arbitration award under 5 U.S.C. § 7122. 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 decision does not address an unfair labor practice.

Plain-English summary

A Marine Corps employee challenged unsatisfactory performance ratings. The arbitrator denied the grievance because it had not been processed on time, though he also commented on the ratings. The union's exceptions attacked only those comments and did not identify a defect in the ruling denying the grievance. The Authority denied the exceptions, leaving the award in place.

Decision snapshot

• Authority: Arbitration exception review under 5 U.S.C. § 7122(a).
• Outcome: Union exceptions denied; the arbitrator's dismissal of the grievance remained in place.
• Key point: An exception to comments that did not decide the grievance did not show the award was deficient.

Full text (FLRA public release)

[ v12 p56 ]

12:0056(16)AR

The decision of the Authority follows:

12 FLRA No. 16

U.S. MARINE CORPS
LOGISTICS BASE, BARSTOW,
CALIFORNIA
Activity

and

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
LOCAL 1482
Union

Case No. O-AR-517

DECISION

This matter is before the Authority on exceptions to the award of Arbitrator William S. Rule filed by the Union under section 7122(a) of the Federal Service Labor-Management Relations Statute (the Statute) and part 2425 of the Authority's Rules and Regulations.

A grievance was filed in this case and submitted to arbitration disputing the unsatisfactory performance ratings of the grievant. As his award, the Arbitrator decided as follows:

The grievance was not timely processed in accordance with the grievance procedure and must be denied.

Although the Arbitrator determined that he could not reach the merits of the grievance, he "comment(ed)" on the unsatisfactory ratings "for whatever benefit that might be to the parties."

In its exceptions the Union does not address in what manner the award in expressly denying the grievance as untimely is deficient, but only disputes the Arbitrator's "comment(s)" on the grievant's performance ratings. Consequently, the exceptions fail to establish that the award is deficient and accordingly they are denied. Issued, Washington, D.C., May 12, 1983 Barbara J. Mahone, Chairman Ronald W. Haughton, Member Henry B. Frazier III, Member FEDERAL LABOR RELATIONS AUTHORITY