Hawaii Federal Employees Metal Trades Council (Union) and Pearl Harbor Naval Shipyard (Activity)  

 6 FLRA No. 113
 
 HAWAII FEDERAL EMPLOYEES
 METAL TRADES COUNCIL, AFL-CIO
 (Union)
 
 and
 
 PEARL HARBOR NAVAL SHIPYARD
 (Activity)
 
                                            Case No. O-AR-244
 
                        ORDER DISMISSING EXCEPTIONS
 
    THIS MATTER IS BEFORE THE AUTHORITY FOR CONSIDERATION OF EXCEPTIONS
 TO AN AWARD OF ARBITRATOR R. CHARLES BOCKEN FILED BY THE ACTIVITY
 PURSUANT TO SECTION 7122(A) OF THE FEDERAL SERVICE LABOR-MANAGEMENT
 RELATIONS STATUTE (5 U.S.C. 7122(A)) AND SECTION 2425.1 OF THE
 AUTHORITY'S RULES AND REGULATIONS (5 C.F.R. 2425.1(1981)).  THE UNION
 HAS FILED A MOTION TO DISMISS THE ACTIVITY'S EXCEPTIONS AS PREMATURE AND
 UNTIMELY.  FOR THE REASONS SET FORTH BELOW, IT HAS BEEN DETERMINED THE
 SUBJECT EXCEPTIONS ARE INTERLOCUTORY AND MUST BE DISMISSED.
 
    FROM THE DOCUMENTS SUBMITTED BY THE PARTIES, THE FOLLOWING PERTINENT
 FACTS APPEAR.  ON DECEMBER 10, 1980, THE ARBITRATOR ISSUED AN AWARD IN
 THE MATTER WHICH INVOLVED THE GRIEVANCES OF A NUMBER OF EMPLOYEES
 CONCERNING THEIR REASSIGNMENT FROM ONE SHIFT TO ANOTHER.  IN HIS AWARD,
 THE ARBITRATOR SUSTAINED SOME OF THE GRIEVANCES, DENIED OTHERS AND
 DIRECTED CERTAIN REMEDIAL ACTION BY THE ACTIVITY AS TO THE EMPLOYEES
 WHOSE GRIEVANCES WERE SUSTAINED.  IN ADDITION, THE ARBITRATOR GRANTED
 THE ACTIVITY TIME TO REPLY TO A REQUEST MADE BY COUNSEL FOR THE
 GRIEVANTS THAT THE ARBITRATOR AWARD ATTORNEY FEES.  FINALLY, THE
 ARBITRATOR RETAINED JURISDICTION IN THE MATTER, STATING:  "BECAUSE OF
 POSSIBLE DIFFICULTIES WHICH MAY ARISE IN IMPLEMENTING THIS DECISION, AND
 BECAUSE OF THE REMAINING ISSUE CONCERNING ATTORNEY'S FEES . . . THE
 ARBITRATOR RETAINS JURISDICTION UNTIL THE AFORESAID MATTERS ARE
 RESOLVED." ON DECEMBER 30, 1980, THE UNION REQUESTED RECONSIDERATION BY
 THE ARBITRATOR OF CERTAIN ASPECTS OF THE AWARD.  SUBSEQUENTLY, ON MAY 5,
 1981, THE ARBITRATOR ISSUED A "FIRST AMENDED AWARD." IN THAT AMENDED
 AWARD, THE ARBITRATOR, AMONG OTHER THINGS, APPROVED THE REQUEST FOR
 ATTORNEY FEES IN A PARTICULAR AMOUNT AND DIRECTED THE ACTIVITY TO PAY
 SUCH SUM TO COUNSEL FOR THE UNION.  THE ARBITRATOR FURTHER STATED:
 "INASMUCH AS THE ISSUE OF THE REMAINING GRIEVANTS HAS NOT YET BEEN
 DECIDED, THE ARBITRATOR RETAINS JURISDICTION UNTIL A FINAL DECISION IS
 RENDERED."
 
    ON JUNE 3, 1981, THE ACTIVITY FILED THE INSTANT EXCEPTIONS TO THE
 ARBITRATOR'S AWARD OF ATTORNEY FEES IN THE "FIRST AMENDED DECISION" OF
 MAY 5, 1981;  AND THE UNION SUBSEQUENTLY FILED A MOTION TO DISMISS THE
 EXCEPTIONS.
 
    SECTION 2429.11 OF THE AUTHORITY'S RULES AND REGULATIONS PROVIDES:
 "THE AUTHORITY AND THE GENERAL COUNSEL ORDINARILY WILL NOT CONSIDER
 INTERLOCUTORY APPEALS." THAT IS, THE AUTHORITY ORDINARILY WILL NOT
 CONSIDER AN APPEAL UNTIL A FINAL DECISION HAS BEEN RENDERED ON THE
 ENTIRE PROCEEDING.  MORE PARTICULARLY, IN AN ARBITRATION CASE, THE
 AUTHORITY ORDINARILY WILL ENTERTAIN EXCEPTIONS FILED BY A PARTY TO THE
 CASE ONLY AFTER A FINAL AWARD HAS BEEN RENDERED BY THE ARBITRATOR ON THE
 ENTIRE MATTER.
 
    IN THIS CASE, AND AS RECOGNIZED BY THE ACTIVITY IN ITS EXCEPTIONS AND
 THE UNION IN ITS MOTION, THE ARBITRATOR HAS NOT YET RENDERED A FINAL
 AWARD DISPOSING OF THE ENTIRE MATTER INVOLVED IN THE PROCEEDING BEFORE
 HIM, INCLUDING THE QUESTION OF ATTORNEY FEES.  IN THIS REGARD, THE
 ACTIVITY STATES THAT "THE ARBITRATOR HAS NOT INDICATED WHETHER OR NOT HE
 WILL GRANT ADDITIONAL ATTORNEY FEES" AND THE UNION ASSERTS THAT "IT IS
 POSSIBLE THE AMOUNT WILL BE INCREASED IN THE FINAL AWARD." THE
 ACTIVITY'S EXCEPTIONS ARE THEREFORE CLEARLY INTERLOCUTORY AS TO THE
 AWARD OF ATTORNEY FEES, AND THE FACTS AND CIRCUMSTANCES PRESENTED ARE
 NOT SO EXTRAORDINARY AS TO WARRANT AUTHORITY REVIEW OF THE EXCEPTIONS AT
 THIS STAGE OF THE PROCEEDING.
 
    ACCORDINGLY, SINCE THE ACTIVITY'S EXCEPTIONS ARE INTERLOCUTORY AND
 AUTHORITY REVIEW IS NOT WARRANTED UNDER THE CIRCUMSTANCES, THE
 EXCEPTIONS ARE HEREBY DISMISSED.  HOWEVER, THE DISMISSAL IS WITHOUT
 PREJUDICE TO THE RENEWAL OF ANY OF THE ACTIVITY'S CONTENTIONS IN
 EXCEPTIONS DULY FILED WITH THE AUTHORITY AFTER A FINAL AWARD IS RENDERED
 ON THE ENTIRE MATTER BY THE ARBITRATOR.
 
    FOR THE AUTHORITY.
 
    ISSUED, WASHINGTON, D.C., SEPTEMBER 21, 1981
 
                   JAMES J. SHEPARD, EXECUTIVE DIRECTOR