American Federation of Government Employees, Local 2219 and Veterans Administration Medical Center, Lincoln, Nebraska (Authority decision, January 31, 1984)

Final FLRA decision. The Authority dismissed the agency's exceptions to an interim arbitration ruling; the arbitrator had not issued a final award. Under 5 U.S.C. § 7123(a)(1), orders involving arbitral awards 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

Employees and the Veterans Administration Medical Center disputed entitlement to environmental differential pay. The arbitrator gave the parties 30 days to work toward a resolution, retained jurisdiction over the remedy, and directed them to report back. The agency filed exceptions before the arbitrator issued a final award. The Authority dismissed the exceptions as premature because it normally does not review interlocutory appeals. The agency may renew its arguments after a final arbitration award.

Decision snapshot

• Authority: Arbitration exceptions under 5 U.S.C. § 7122(a).
• Outcome: Agency exceptions dismissed without prejudice as interlocutory.
• Key point: The Authority declined review while the arbitrator retained jurisdiction and the dispute remained unresolved.

Full text (FLRA public release)

[ v13 p695 ]

13:0695(111)AR

The decision of the Authority follows:

13 FLRA No. 111

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 2219
Union

and

VETERANS ADMINISTRATION MEDICAL
CENTER, LINCOLN, NEBRASKA
Activity

Case No. O-AR-600

ORDER DISMISSING EXCEPTIONS

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

The dispute before the Arbitrator concerns the extent to which certain bargaining unit employees are entitled to environmental differential pay pursuant to a Working Agreement of the parties and the Federal Personnel Manual. The Arbitrator essentially found, as relevant here, that the parties had not engaged in sufficient efforts to narrow or resolve the dispute. The Arbitrator therefore remanded the matter to the parties for 30 days for further effort and provided them with criteria to be utilized as guidelines for that effort and possible settlement. The Arbitrator directed the parties to report back on the results of their efforts within 30 days and expressly retained jurisdiction of the matter with respect to the question of remedy.

Section 2249.11 of the Authority's Rules and Regulations provides: "The Authority . . . ordinarily will not consider interlocutory appeals." That is, the Authority ordinarily will not consider an appeal until a final decision has been rendered on the entire proceeding.

In this case, the Arbitrator has not yet rendered a final award in the proceeding. The Arbitrator remanded the case to the parties for the purpose and period described before any final ruling would be rendered. Thus, the Activity's exceptions are considered interlocutory and the facts and circumstances are not such as to warrant review of the exceptions at this stage of the proceeding.

Accordingly, since the Activity's exceptions are interlocutory and Authority review is not warranted under the circumstances, the exceptions are hereby dismissed. However, the dismissal is without prejudice to the renewal of any of the Activity's contentions in exceptions duly filed with the Authority after a final award is rendered by the Arbitrator.

For the Authority.

Issued, Washington, D.C., January 31, 1984
James J. Shepard, Executive
Director