38:0587(53)AR - U.S. DEPARTMENT OF DEFENSE ARMY AND AIR FORCE EXCHANGE SERVICE and NFFE LOCAL 977 -- 1990 FLRAdec AR


[ v38 p587 ]
38:0587(53)AR
The decision of the Authority follows:


38 FLRA NO. 53
38 FLRA 587

30 NOV 1990


                        U.S. DEPARTMENT OF DEFENSE
                   ARMY AND AIR FORCE EXCHANGE SERVICE
                                 (Agency)

                                   and

                 NATIONAL FEDERATION OF FEDERAL EMPLOYEES
                                LOCAL 977
                                  (Union)

                                0-AR-1831

ORDER DISMISSING EXCEPTIONS

     November 30,  1990

     The Agency has filed exceptions to the November 11, 1989
award of Arbitrator Donald A. Anderson pursuant to section
7122(a) of the Federal Service Labor - Management Relations
Statute (the Statute) and part 2425 of the Authority's Rules and
Regulations. The Union did not file an opposition to the Agency's
exceptions. For the reasons stated below, the Agency's exceptions
are interlocutory and must be dismissed.

     The Arbitrator concluded that the record was "inadequate
and/or insufficient" to effect an appropriate remedy and directed
the parties to "meet for the purpose of (e)ffecting an agreement
on an appropriate financial arrangement" to settle the matter.
Award at 14. The Arbitrator retained jurisdiction to rule on a
remedy if the parties were unable to agree upon a remedy
settlement.

     The Agency's exceptions are interlocutory. An interlocutory
appeal concerns a