49:1068(100)AR - - Air Force, Oklahoma City Air Logistics Center, Tinker AFB, OK and AFGE, Local 916 - - 1994 FLRAdec AR - - v49 p1068
[ v49 p1068 ]
The decision of the Authority follows:
49 FLRA No. 100
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 REQUEST FOR RECONSIDERATION
May 20, 1994
The grievant, Michael R. Smith, has filed a request for reconsideration of the Authority's Order Dismissing Exceptions, issued March 17, 1994, in the above-captioned case. For the following reasons the grievant's request for reconsideration 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). The Authority's Regulations also provide that "[a]fter a final decision or order of the Authority has been issued, a party to the proceeding before the Authority who can establish . . . extraordinary circumstances . . . may move for reconsideration of such final decision or order." 5 C.F.R. § 2429.17.
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.
As the grievant was not a party to the proceeding, the grievant does not have standing under 5 C.F.R. § 2425.1(a) to file exceptions to the arbitrator's award or to file a request for reconsideration of the Authority's decision under 5 C.F.R. § 2429.17.
Accordingly, the grievant's request for reconsideration is dismissed.(*)
For the Authority.
Alicia N. Columna
Director, Case Control Office
(If blank, the decision does not have footnotes.)
*/ In addition, the grievant's request for reconsideration was untimely filed. The date of the Authority's Order Dismissing Exceptions was March 17, l994. A request for reconsideration of that Order had to be filed with the Authority no later than April 4, l994. The grievant's request for reconsideration was filed (postmarked) on April 21, l994.