14:0448(72)AR - Customs Service and NTEU -- 1984 FLRAdec AR
[ v14 p448 ]
The decision of the Authority follows:
14 FLRA No. 72 U.S. CUSTOMS SERVICE Agency and NATIONAL TREASURY EMPLOYEES UNION Union Case No. O-AR-642 ORDER DISMISSING EXCEPTIONS This matter is before the Authority on exceptions to a ruling on the Agency's Motion for Partial Summary Judgment by Arbitrator Mark L. Irvings. The exceptions were filed by the Union under section 7122(a) of the Federal Service Labor-Management Relations Statute and part 2425 of the Authority's Rules and Regulations. The dispute before the Arbitrator concerns a grievance challenging the Agency's Employee Performance Appraisal System for certain positions and the ratings of a number of employees under the performance elements and standards of that system. The Union claimed that the elements and standards were contrary to law, implementing regulations and the parties' collective bargaining agreement, and requested that new elements and standards be issued, that the disputed ratings be rescinded and that the affected employees be reevaluated. The grievance proceeded to arbitration and the Agency filed pre-hearing motions for partial summary judgment and a statement of issues. At the hearing before the Arbitrator, evidence which pertained to the pre-hearing motions, as well as to the substance of the grievance, was presented. The substantive presentations, however, were not concluded. In ruling on the Agency's Motion for Partial Summary Judgment, the Arbitrator found that insofar as the grievance challenged the performance elements and standards it was not substantively arbitrable. However, the Arbitrator further found that the issue of whether implementation of the appraisal system with respect to the named employees violated law or the parties' agreement was properly before him, and scheduled a date for conclusion of the parties' presentations on that aspect of the grievance. In its exceptions, the Union argues that the Arbitrator's ruling on the Agency's motion is contrary to law and regulation and that the Arbitrator exceeded his authority. Section 2429.11 of the Authority's Rules and Regulations provides: "The Authority . . . ordinarily will not consider interlocutory appeals." That is, the Authority ordinarily will not consider an appeal until a final decision has been rendered on the entire proceeding.