Veterans Administration Medical Center, Sepulveda and AFGE Local 1697 (Authority decision, September 24, 1984)

Final FLRA decision. The Authority rejects exceptions filed by a grievant who was not a party to the arbitration. 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 resolve an unfair labor practice.

Plain-English summary

An employee at the Veterans Administration Medical Center in Sepulveda filed exceptions to an arbitrator's award. The Authority found that the union and the medical center, rather than the employee personally, had participated as parties in the arbitration. Its rules allowed only a party to file exceptions. The Authority therefore denied the employee's exceptions without reviewing the award's merits.

Decision snapshot

• Authority: Arbitration exception filing rule under 5 C.F.R. §§ 2425.1(a) and 2421.11.
• Outcome: Grievant's exceptions denied for lack of party status.
• Key point: A grievant who was not a party to the arbitration could not personally file Authority exceptions.

Full text (FLRA public release)

[ v16 p44 ]

16:0044(12)AR

The decision of the Authority follows:

16 FLRA No. 12

VETERANS ADMINISTRATION MEDICAL
CENTER, SEPULVADA
Activity

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1697, AFL-CIO
Union

Case No. O-AR-834

ORDER DISMISSING EXCEPTIONS

This case is before the Authority on exceptions to the award of Arbitrator Mei L. Bickner filed by Mr. Sherman N. Vernon III, 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 an 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 proceeding. Thus, it does not appear that Mr. Vernon, 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 denied. For the Authority.

Issued, Washington, D.C., September 24, 1984 Jan K. Bohren Executive Director/Administrator