35:1298(150)AR - - Veterans Affairs, Medical Center, Buffalo, NY and SEIU Local 200-C - - 1990 FLRAdec AR - - v35 p1298
[ v35 p1298 ]
The decision of the Authority follows:
35 FLRA NO. 150
U.S. DEPARTMENT OF VETERANS AFFAIRS
BUFFALO, NEW YORK
SERVICE EMPLOYEES INTERNATIONAL UNION
ORDER DISMISSING EXCEPTIONS
May 31, 1990
On April 19, 1990, the grievant, Mr. James Carney, filed
exceptions to the award of Arbitrator Wade J. Newhouse in the
above-captioned case. For the reasons set out below, the
exceptions must be dismissed.
On May 8, 1990, the Authority directed Mr. Carney to show
cause why his exceptions should not be dismissed for lack of
standing to file exceptions. On May 22, 1990, the grievant filed
a response and attached a copy of a letter, dated May 14, 1990,
from Thomas M. Beatty, Union President. In this letter, Mr.
Beatty stated that the "Union does not intend to participate in
the appeal of case #0-AR-1904. However, the Union does not object
to you pursuing this matter on your own if the FLRA will permit
Section 7122 of the Federal Service Labor - Management
Relations Statute and section 2425.1 of the Authority's
Regulations provide that either party to an arbitration may file
exceptions with the Authority to the arbitrator's award. Section
2421.11 of our Regulations defines the term "party" to include
"any person who participated as a party ... in a matter where the
award of an arbitrator was issued(.)"
In this case, the Agency and the Union participated as
parties in the matter before the Arbitrator. It appears Mr.
Carney's status in the proceeding before the Arbitrator was
limited to that of grievant. There is no indication in the
record that the grievant participated as a "party" in the matter
before the Arbitrator. In addition, the Union has not authorized
Mr. Carney to file exceptions on its behalf.
Since Mr. Carney was not a party to the proceeding and was
not authorized by the Union to file on its behalf, Mr. Carney is
without standing under 5 C.F.R. 2425.1(a) to file exceptions to
the arbitrator's award. Accordingly, the grievant's exceptions