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11:0284(62)AR - Fleet Combat Training Center, Pacific and Interdepartmental Local 3723, AFGE and John R. Jay -- 1983 FLRAdec AR



[ v11 p284 ]
11:0284(62)AR
The decision of the Authority follows:


 11 FLRA No. 62
 
 FLEET COMBAT TRAINING CENTER, PACIFIC
 (Activity)
 
 and
 
 INTERDEPARTMENTAL LOCAL 3723, AMERICAN
 FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO
 (Union)
 
 and
 
 JOHN R. JAY
 (Grievant)
 
                                            Case No. O-AR-498
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case comes before the Authority on the exceptions of Mr. John R.
 Jay, the grievant in the above-entitled matter, to the award of
 Arbitrator Charles S. Bunker.  For the reasons set forth below, the
 subject exceptions must be dismissed.
 
    Section 2425.1(a) of the Authority's Rules and 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 Rules and 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, it appears that two parties (the union and the
 activity) participated as "parties" in the arbitration proceeding here
 involved.  Thus, it does not appear that Mr. Jay, 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 Rules and Regulations, and
 apart from other considerations,
 
    IT IS HEREBY ORDERED that the grievant's exceptions be, and they
 hereby are, dismissed.  For the Authority.  
 
 Issued, Washington, D.C., February 9, 1983
 
                                       James J. Shepard, Executive
                                       Director