12:0056(16)AR - Marine Corps Logistics Base, Barstow, CA and AFGE Local 1482 -- 1983 FLRAdec AR

 12 FLRA No. 16
 
 U.S. MARINE CORPS
 LOGISTICS BASE, BARSTOW,
 CALIFORNIA
 Activity
 
 and
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES,
 LOCAL 1482
 Union
 
                                            Case No. O-AR-517
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator William S. Rule filed by the Union under section 7122(a) of
 the Federal Service Labor-Management Relations Statute (the Statute) and
 part 2425 of the Authority's Rules and Regulations.
 
    A grievance was filed in this case and submitted to arbitration
 disputing the unsatisfactory performance ratings of the grievant.  As
 his award, the Arbitrator decided as follows:
 
          The grievance was not timely processed in accordance with the
       grievance procedure and must be denied.
 
 Although the Arbitrator determined that he could not reach the merits of
 the grievance, he "comment(ed)" on the unsatisfactory ratings "for
 whatever benefit that might be to the parties."
 
    In its exceptions the Union does not address in what manner the award
 in expressly denying the grievance as untimely is deficient, but only
 disputes the Arbitrator's "comment(s)" on the grievant's performance
 ratings.  Consequently, the exceptions fail to establish that the award
 is deficient and accordingly they are denied.  Issued, Washington, D.C.,
 May 12, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY