23:0460(65)AR - Army, Fort Carson, CO and AFGE Local 1345 -- 1986 FLRAdec AR
[ v23 p460 ]
The decision of the Authority follows:
23 FLRA No. 65 DEPARTMENT OF THE ARMY FORT CARSON, COLORADO Activity and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1345 Union Case No. 0-AR-1220 ORDER DISMISSING EXCEPTIONS This case is before the Authority on exceptions to the award of Arbitrator Michael D. Rappaport filed by Mr. William D. Cooney, the grievant in the above-entitled case. For the reasons stated below, the exceptions must be dismissed. Section 2425.1(a) of the Authority's Rules and Regulations provides: Either party (emphasis added) 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 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. . . . It is clear that the Union and the Activity participated as "parties" in the subject proceeding. However, it appears that Mr. Cooney's status in the proceeding before the arbitrator was limited to that of grievant and that he did not participate as a "party" in the proceeding. Consequently, since Mr. Cooney was not a party to the proceeding, he is without standing under the Authority's Rules and Regulations to file exceptions to the arbitrator's award under section 2425.1(a) of the Authority's rules of procedure. Accordingly, and apart from other considerations, the grievant's exceptions are hereby dismissed. For the Authority. Issued, Washington, D.C., September 26, 1986. /s/ Harold D. Kessler Harold D. Kessler Director of Case Management --------------- FOOTNOTES$ --------------- (*) Section 7103(a)(1) of the Federal Service Labor-Management Relations Statute provides: (a) For the purpose of this chapter (chapter 71 of title 5 of the United States Code) -- (1) "Person" means an individual, labor organization, or agency; . . .