50:0005(2)AR - - Air Force, Oklahoma City Air Logistics Center, Tinker AFB, OK and AFGE, Local 916 - - 1994 FLRAdec AR - - v50 p5



[ v50 p5 ]
50:0005(2)AR
The decision of the Authority follows:


50 FLRA NO. 2

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF THE AIR FORCE

OKLAHOMA CITY AIR LOGISTICS CENTER

TINKER AIR FORCE BASE, OKLAHOMA

(Agency)

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 916

(Union)

0-AR-2582

(49 FLRA 1068 (1994))

ORDER DISMISSING REQUEST FOR RECONSIDERATION

September 13, 1994

The grievant, Michael R. Smith, has filed a request for reconsideration of the Authority's Order Dismissing Request for Reconsideration, issued May 20, 1994, 49 FLRA 1068, in the above-captioned case. For the following reasons, the grievant's second 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.

The grievant asserts that it is "readily apparent throughout the text" of the transcript of the arbitration hearing that he was "a joint party with union", and, therefore, the Authority should assert jurisdiction over this matter. Although the grievance concerned the grievant, nothing in the record establishes that the grievant is a "party" within the meaning of 5 C.F.R. §§ 2425.1(a), 2429.17.

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 second request for reconsideration is dismissed.(*) The Authority will not entertain any further motions, requests, or arguments by the grievant in the above-captioned case. See American Federation of Government Employees, Local 2017 and U.S. Department of the Army, Army Signal Center and Fort Gordon, Fort Gordon, Georgia, 46 FLRA 693 (1992).

For the Authority.

_____________________________
Alicia N. Columna
Director, Case Control Office




FOOTNOTES:
(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 Request for Reconsideration was May 20, 1994. A request for reconsideration of that Order had to be f