33:0834(100)AR - - SSA Field Operations, New York Region and AFGE Local 3369 - - 1988 FLRAdec AR - - v33 p834



[ v33 p834 ]
33:0834(100)AR
The decision of the Authority follows:


33 FLRA No. 100

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

 

SOCIAL SECURITY ADMINISTRATION

FIELD OPERATIONS, NEW YORK REGION

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 3369

0-AR-1641

 

ORDER

On October 27, 1988, the Union filed exceptions to the award of Arbitrator David M. Kaplan pursuant to 5 U.S.C. § 7122(a) and 5 C.F.R § 2425.1(a). The Union's exceptions must be dismissed as interlocutory.

On September 27, 1988, the Arbitrator issued an "Interim Award on Issue of Arbitrability" on certain threshold issues: (1) whether the grievance was nonarbitrable on the basis of res judicata, collateral estoppel or other legal preclusion principles because the matter at issue had been allegedly adjudicated by Arbitrator Justin Smith; and (2) whether Arbitrator Smith had properly exercised jurisdiction over this grievance. The Arbitrator ruled that the grievance was arbitrable and added that pursuant to a prior agreement of the parties, the grievance would no