American Federation of Government Employees, Local 1600 and Naval Ordnance Station, Indian Head (Authority decision, November 1, 1983)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority involving an arbitral award under 5 U.S.C. § 7122. Judicial review under 5 U.S.C. § 7123(a) generally does not extend to such an order unless the order involves an unfair labor practice under 5 U.S.C. § 7116. This decision resolves exceptions to an arbitration award and does not state that it involves an unfair labor practice.

Plain-English summary

An employee filed exceptions to an arbitration award involving AFGE Local 1600 and the Naval Ordnance Station. The Authority found that the union and the activity, rather than the employee, had participated as parties in the arbitration. Under its rules, only a party could file exceptions to the award. It dismissed the employee’s exceptions without reaching their merits.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Grievant’s exceptions dismissed for lack of party status.
• Key point: An individual grievant who was not a party to the arbitration could not file exceptions under the cited rule.

Full text (FLRA public release)

[ v13 p345 ]

13:0345(57)AR

The decision of the Authority follows:

13 FLRA No. 57

LOCAL 1600, AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES
(Union)

and

THE NAVAL ORDNANCE STATION,
INDIAN HEAD, MARYLAND
(Activity)

Case No. O-AR-647

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator William M. Edgett filed by Ms. Aretha L. Chisley, the grievant in the above-entitled case. For the reasons set forth below, the exceptions must be dismissed.

Section 2425.1(a) of the Authority's Rules and 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 Rules and 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, it appears that two parties, the Union and the Activity, participated as "parties" in the subject arbitration proceeding. Thus, it does not appear that Ms. Chisley, 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, and apart from other considerations, the grievant's exceptions are hereby dismissed. For the Authority. Issued, Washington, D.C., November 1, 1983 James J. Shepard, Executive Director