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 ruling which is preliminary to final
disposition of a matter. The Authority "ordinarily will not
consider interlocutory appeals." 5 C.F.R. 2429.11. 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. See U.S. Department of
Health and Human Services, Social Security Administration,
Baltimore, Maryland and American Federation of Government
Employees, SSA General Committee, 34 FLRA  373, 375 (1990)
(Social Security Administration) and cases cited therein.


     In this case, it is clear that the Arbitrator has not yet
rendered a final award on this dispute. Thus, the Union's
exceptions are interlocutory and the facts and circumstances do
not warrant review of the exceptions at this time. In addition,
the Agency has not shown that there are extraordinary
circumstances which warrant a departure from our normal
practice.

     Accordingly, the Agency's exceptions are dismissed. 1

For the Authority.

Alicia N. Columna
Director, Case Control Office

FOOTNOTES

     Footnote 1 On July 20, 1990, the Arbitrator issued his award
on   the remedy. The Agency filed exceptions to the Arbitrator's
award and   the Union filed an opposition to the Agency's
exceptions. U.S.   Department of Defense, Army and Air Force
Exchange Service and National