11:0087(25)AR - VA Medical Center and AFGE Local 2384 -- 1983 FLRAdec AR
[ v11 p87 ]
The decision of the Authority follows:
11 FLRA No. 25 VETERANS ADMINISTRATION MEDICAL CENTER (Activity) and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 2384 (Union) Case No. O-AR-487 ORDER DISMISSING EXCEPTIONS This case is before the Authority on the exceptions of Mr. R. C. Norman II, the grievant in the above-entitled matter, to the award of Arbitrator Carl F. Stoltenberg. For the reasons set forth below, the exceptions must be dismissed. Section 2425.1(a) of the Authority's 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 Authority's 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, the arbitrator's opinion and award clearly indicates that two parties (the union and the activity) participated as "parties" in the arbitration proceeding here involved. Thus, it does not appear from the arbitrator's opinion and award That mr. Norman, the grievant, participated as a "party" in the proceeding before the arbitrator.