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11:0087(25)AR - VA Medical Center and AFGE Local 2384 -- 1983 FLRAdec AR



[ v11 p87 ]
11:0087(25)AR
The decision of the Authority follows:


 11 FLRA No. 25
 
 VETERANS ADMINISTRATION MEDICAL CENTER
 (Activity)
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 2384
 (Union)
 
                                            Case No. O-AR-487
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case is before the Authority on the exceptions of Mr. R. C.
 Norman II, the grievant in the above-entitled matter, to the award of
 Arbitrator Carl F. Stoltenberg.  For the reasons set forth below, the
 exceptions must be dismissed.
 
    Section 2425.1(a) of the Authority's Regulations provides:
 
          Either party to arbitration under the provisions of chapter 71
       of title 5 of the United States Code may file an exception to an
       arbitrator's award rendered pursuant to the arbitration.
 
    Section 2421.11 of the Authority's Regulations provides in pertinent
 part:
 
          "Party" means (a) any person . . . (4) who participated as a
       party . . . (ii) in a matter where the award of an arbitrator was
       issued.  . . .
 
    In this case, the arbitrator's opinion and award clearly indicates
 that two parties (the union and the activity) participated as "parties"
 in the arbitration proceeding here involved.  Thus, it does not appear
 from the arbitrator's opinion and award That mr. Norman, the grievant,
 participated as a "party" in the proceeding before the arbitrator.
 Consequently, the grievant is not entitled to file exceptions to the
 arbitrator's award under section 2425.1(a) of the Authority's
 Regulations.
 
    Accordingly, since the grievant is not entitled to file exceptions to
 the subject arbitrator's award under the Authority's Regulations,
 
    IT IS HEREBY ORDERED that the grievant's exceptions be, and they
 hereby are, dismissed.  For the Authority.  Issued, Washington, D.C.,
 January 20, 1983
                                       James J. Shepard, Executive
                                       Director