Defense Mapping Agency, Hydrographic/Topographic Center, Providence Field Office (Activity) and American Federation of Government Employees, Local 1884, AFL-CIO (Union)
[ v04 p66 ]
04:0066(7)AR
The decision of the Authority follows:
4 FLRA No. 7
DEFENSE MAPPING AGENCY, HYDROGRAPHIC/
TOPOGRAPHIC CENTER, PROVIDENCE FIELD
OFFICE
(Activity)
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1884
(Union)
Case No. 0-AR-116
ORDER DISMISSING EXCEPTIONS
THIS MATTER IS BEFORE THE AUTHORITY ON THE AGENCY'S EXCEPTIONS TO
ARBITRATOR JEROME S. RUBENSTEIN'S RULING IN THE ABOVE-ENTITLED CASE,
WHICH FOUND THE DISPUTED GRIEVANCE PROCEDURALLY ARBITRABLE. FOR THE
REASONS INDICATED BELOW, THE AGENCY'S EXCEPTIONS MUST BE DISMISSED.
BASED UPON INFORMATION PROVIDED IN THE AGENCY'S SUBMISSION, IT
APPEARS THAT A HEARING ON THE MATTER IN DISPUTE WAS SCHEDULED FOR JUNE
10, 1980, AT WHICH THE GRIEVANCE WAS TO BE PRESENTED TO THE ARBITRATOR
BOTH ON THE ISSUE OF ITS PROCEDURAL ARBITRABILITY, AND ON ITS MERITS.
FOLLOWING THE PARTIES' PRESENTATIONS AT THAT HEARING ON THE ISSUE OF THE
GRIEVANCE'S PROCEDURAL ARBITRABILITY, THE ARBITRATOR MADE AN ORAL RULING
THAT THE MATTER WAS PROCEDURALLY ARBITRABLE (WHICH RULING IS THE SUBJECT
OF THE INSTANT APPEAL). THE PARTIES THEN BEGAN A PRESENTATION OF THE
CASE ON ITS MERITS. HOWEVER, IT FURTHER APPEARS THAT BEFORE THE
PRESENTATION OF THE CASE ON ITS MERITS WAS COMPLETED, THE ARBITRATOR
GRANTED A MOTION TO CONTINUE THE HEARING ON THE MERITS OF THE GRIEVANCE.
IN THIS REGARD, THE AGENCY STATES:
THUS, THERE IS NO WRITTEN AWARD OF THE ARBITRATOR ON EITHER THE
PROCEDURAL ARBITRABILITY
ISSUE OR THE MERITS ISSUE . . . ; NOR WILL ONE BE RENDERED UNTIL
SOME TIME AFTER THE
COMPLETION OF THE HEARING ON 26 AUGUST 1980.
IT THUS APPEARS THAT THE PARTIES ARE IN THE PROCESS OF PRESENTING
BOTH THE PROCEDURAL AND THE MERITS ASPECTS OF THEIR DISPUTE TO THE
ARBITRATOR IN THE COURSE OF A SINGLE PROCEEDING, WITH THE EXPECTATION 