33:0821(93)AR - - SSA and AFGE, SSA General Committee - - 1988 FLRAdec AR - - v33 p821



[ v33 p821 ]
33:0821(93)AR
The decision of the Authority follows:


33 FLRA No. 93

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

SOCIAL SECURITY ADMINISTRATION

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

SSA GENERAL COMMITTEE

0-AR-1606

ORDER DISMISSING EXCEPTIONS

On August 29, 1988, the Union filed exceptions to Arbitrator Charles Feigenbaum's clarification of an original award, pursuant to 5 U.S.C. § 7122(a) and 5 C.F.R. § 2425.1. The Agency filed an opposition. For the reasons set out below, the Union's exceptions must be dismissed as untimely.

This case involves a dispute regarding the payment of costs resulting from the appearance of a witness on behalf of the Union at an arbitration proceeding. In an award dated August 13, 1987, the Arbitrator ruled in part that the Union's witness was not necessary and "the costs associated with his appearance shall be borne by the Union." The Agency and the Union filed exceptions to the Arbitrator's award. However, neither party excepted to the Arbitrator's ruling regarding the payment of costs for the Union's witness. The Authority denied all exceptions in Social Security Administration and American Federation of Government Employees, SSA General Committee, 30 FLRA 381, issued November 30, 1987.

By letter dated May 26, 1988, the Agency requested the Arbitrator for a clarification of the August 13, 1987, award. On August 1, 1988, the Arbitrator issued a clarification in response to the Agency's letter. In the clarification, the Arbitrator restated his prior ruling that the Union had to pay the costs for its witness and the meaning of that ruling.

The Authority's review of the record in this case raises the question of whether the Union may file exceptions to the Arbitrator's clarification of the August 13, 1987, award. The Authority has repeatedly held that exceptions may be filed in regard to an Arbitrator'