40:1254(111)AR - U.S. DEPARTMENT OF THE TREASURY, UNITED STATES CUSTOMS SERVICE and NTEU -- 1991 FLRAdec AR
[ v40 p1254 ]
The decision of the Authority follows:
40 FLRA NO. 111 U.S. DEPARTMENT OF THE TREASURY UNITED STATES CUSTOMS SERVICE (Agency) and NATIONAL TREASURY EMPLOYEES UNION (Union) 0-AR-2082 ORDER DISMISSING EXCEPTIONS May 31, 1991 The grievant, Harry McKendry, filed exceptions to the award of Arbitrator Jerome G. Greene in the above-captioned case. */ On May 2, 1991, the Authority directed Mr. McKendry to show cause why his exceptions should not be dismissed because he was not properly authorized to file exceptions. Mr. McKendry filed a timely response to the Authority's Order. For the reasons set out below, Mr. McKendry's exceptions must be dismissed. The Authority's Regulations provide that "(e)ither party" to an arbitration proceeding "may file an exception to an arbitrator's award rendered pursuant to the arbitration." 5 C.F.R. 2425.1(a). A "party" in the context of an arbitration proceeding is defined as "any person ... who participated as a party ... in a matter where the award of an arbitrator was issued...." 5 C.F.R. 2421.11(a)(4)(ii). The Arbitrator's award indicates that the parties to the arbitration proceeding were the Agency, represented by Catherine Iaconic, and the Union, represented by Steven P. Flig. On April 15, 1991, the Union's National Counsel informed the Authority in writing that, "NTEU did not file exceptions to the award of Arbitrator Greene. Although Mr. McKendry was authorized to file an appeal by Chapter 137, there is nothing in the record to show that Chapter 137 was a "party" in the context of the arbitration proceeding. The Authority's May 2, 1991 Order to Show Cause directed the grievant to provide evidence that: (1) Chapter 137 participated as a "party" in the arbitration proceeding; or (2) Chapter 137 was granted the authority by the Union to authorize the grievant to file the subject exceptions; or (3) the Union directly authorized the grievant to file the exceptions presently before the Authority. In his response to the Authority's Order, Mr. McKendry enclosed: (1) a bill from the Arbitrator dated March 7, 1991, addressed to Catherine Iaconic for the Agency, and Steven P. Flig for the Union with a joint total of $1,500.00; and (2) a bill from the Union dated March 14, 1991, for Chapter 137 to pay $375.00 (one half of the Union's share of the joint total owed to the Arbitrator). The grievant asserts that, "The sharing of the financial costs equally by Chapter 137 and the 'National' clearly indicate a shared 'common-bond'