49:0968(92)AR - - Air Force, OK City Air Logistics Center, Tinker AFB, OK and AFGE, Local 916 - - 1994 FLRAdec AR - - v49 p968
[ v49 p968 ]
The decision of the Authority follows:
49 FLRA No. 92
FEDERAL LABOR RELATIONS AUTHORITY
U.S DEPARTMENT OF THE AIR FORCE
OKLAHOMA CITY AIR LOGISTICS CENTER
TINKER AIR FORCE BASE, OKLAHOMA
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
ORDER DISMISSING EXCEPTIONS
May 13, 1994
On March 28, l994, the grievant, Cheryl Leigh Burns, filed exceptions to the award of Arbitrator Thomas A. Cipolla in the above-captioned case. For the reasons set out below, the exceptions must be dismissed.
On April 13, 1994, the Authority directed the grievant to show cause why her exceptions should not be dismissed for lack of standing to file exceptions.
The grievant filed a timely response to the Authority's Order. In the grievant's response, she states that she "was refused authorization" by the Union and that the exceptions were filed "on her own behalf."
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). The caption of the award indicates that the parties to the arbitration proceeding are the Union, American Federation of Government Employees, Local 916, and the Agency, U.S. Department of the Air Force, Oklahoma City Air Logistics Center, Tinker Air Force Base, Oklahoma. There is no indication in the record that the grievant participated as a "party" in the arbitration proceeding. In addition, the grievant has not been authorized by a party to file an exception.
As the grievant was not a party to the proceeding and was not authorized by a party to file on its behalf, the grievant is without standing under 5 C.F.R. 2425.1(a) to file exceptions to the arbitrator's award. Accordingly, the grievant's exceptions are dismissed.
For the Authority.
Alicia N. Columna
Director, Case Control Office