32:0173(27)AR - - AFGE, General Committee and HHS, SSA - - 1988 FLRAdec AR - - v32 p173
[ v32 p173 ]
The decision of the Authority follows:
32 FLRA No. 27
UNITED STATES OF AMERICA
FEDERAL LABOR RELATIONS AUTHORITY
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, GENERAL COMMITTEE
DEPARTMENT OF HEALTH AND HUMAN SERVICES
SOCIAL SECURITY ADMINISTRATION
Case No. 0-AR-1518
On March 9, 1988, the Union filed an exception to Arbitrator Charles J. Morris' decision to deny the Union's request to stay the arbitration hearing in this case. The Union asserts that the arbitration hearing should be stayed until the issue concerning the jurisdiction of Arbitrator Justin C. Smith is resolved pursuant to the Authority's Order in Social Security Administration and American Federation of Government Employees, 29 FLRA 1568 (1987), reconsideration denied, 30 FLRA 371 (1987). The Agency opposes the Union's request. The Agency asserts that the request should be denied because it (1) is interlocutory, (2) presents no grounds for Authority review under section 7122(a) of the Federal Service Labor-Management Relations Statute, and (3) is factually incorrect because the issue to be resolved in this case is not related to the issues involved in Social Security Administration.
The Union requests permission to file an interlocutory appeal. An interlocutory appeal concerns a ruling which is preliminary to final disposition of a matter. Section 2429.11 of the Authority's Rules and Regulations provides that the Authority "ordinarily will not consider interlocutory appeals." In an arbitration case, this means that the Authority ordinarily will not consider an appeal of an Arbitrator's ruling until the Arbitrator has issued a final decision.
The Union has not shown that there are extraordinary circumstances which warrant a departure from our normal practice. Therefore, we deny the Union's request that the Arbitration hearing be stayed.
Issued, Washington, D.C.,
Jerry L. Calhoun, Chairman
Jean McKee, Member
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