Warner Robins Air Logistics Center, Robins Air Force Base, Georgia and American Federation of Government Employees, Local 987

 



[ v01 p95 ]
01:0095(5)AR
The decision of the Authority follows:


 1 FLRA No. 5
                                             MARCH 12, 1979
 
 MS. MARY ANN MILLER
 3378 TOOLE DRIVE
 MACON, GEORGIA 31206
 
                           RE:  WARNER ROBINS AIR LOGISTICS CENTER, 
                                ROBINS AIR FORCE BASE, GEORGIA AND 
                                AMERICAN FEDERATION OF GOVERNMENT
                                EMPLOYEES, LOCAL 987 (DALLAS, 
                                ARBITRATOR), CASE No. 0-AR-9
 
 DEAR MS. MILLER:
 
    THIS REFERS TO YOUR PETITION FOR REVIEW OF THE ARBITRATOR'S AWARD IN
 THE ABOVE-ENTITLED CASE, FILED WITH THE AUTHORITY ON FEBRUARY 6, 1979,
 AS SUPPLEMENTED BY YOUR RECENT LETTER, FILED ON MARCH 8, 1979.  FOR THE
 REASONS SET FORTH BELOW, THE AUTHORITY HAS DETERMINED THAT YOUR APPEAL
 MUST BE DENIED.
 
    UNDER 5 C.F.R. 2411.33(A)(1978), WHICH IS INCORPORATED BY REFERENCE
 IN SECTION 2400.5 OF THE AUTHORITY'S TRANSITION RULES AND REGULATIONS
 (44 FED.REG. 7) AND WHICH IS CURRENTLY EFFECTIVE PURSUANT TO SECTION
 7135(B) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (92
 STAT. 1215), ONLY A "PARTY AGGRIEVED" BY AN ARBITRATOR'S AWARD MAY FILE
 A PETITION FOR REVIEW OF THAT AWARD.  THE TERM "PARTY" IS DEFINED IN
 SECTION 2411.3(C)(3) OF THE RULES (5 C.F.R. 2411.3(C)(3)(1978)), ALSO
 CURRENTLY EFFECTIVE, AS FOLLOWS:
 
    (C) "PARTY" MEANS ANY PERSON, EMPLOYEE, LABOR ORGANIZATION, OR AGENCY
 THAT PARTICIPATED AS
 
    A PARTY--
 
   .          .          .          .
 
 
    (3) IN A MATTER WHERE THE AWARD OF AN ARBITRATOR WAS ISSUED UNDER THE
 ORDER.
 
    IN THIS CASE, BASED UPON THE RECORD BEFORE THE AUTHORITY, IT APPEARS
 THAT THE UNION AND THE ACTIVITY PARTICIPATED AS PARTIES IN THE
 ARBITRATION PROCEEDING HERE INVOLVED, AND THAT YOU, THE GRIEVANT AND A
 WITNESS IN THE CASE, WERE NOT NAMED AS A PARTY BY THE ARBITRATOR AND DID
 NOT OTHERWISE PARTICIPATE AS A PARTY IN SUCH PROCEEDING.
 
    ACCORDINGLY, YOU ARE NOT A "PARTY AGGRIEVED" WITHIN THE MEANING OF
 SECTION 2411.33(A) OF THE RULES CITED AND, APART FROM OTHER
 CONSIDERATIONS, /1/ YOUR PETITION FOR REVIEW OF THE SUBJECT AWARD MUST
 THEREFORE BE DENIED.
 
    FOR THE AUTHORITY.
 
                                SINCERELY,
 
                             HAROLD D. KESSLER
 
                         DEPUTY EXECUTIVE DIRECTOR
 
    CC:  (W/C MS. MILLER'S LETTERS
 
    AND ENCLOSURES)
 
    K. T. BLAYLOCK
 
    AFGE
 
    D. A. DRESSER
 
    AIR FORCE
 
    /1/ AMONG OTHER THINGS, UNDER 5 C.F.R. 2411.33(B) AND 2411.45(A) AND
 (C), ANY APPEAL OF THE SUBJECT ARBITRATION AWARD WAS DUE IN THE OFFICE
 OF THE AUTHORITY NO LATER THAN JANUARY 15, 1979.