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14:0159(30)AR - Puget Sound Naval Shipyard, Navy, Bremerton, WA and Bremerton MTC -- 1984 FLRAdec AR



[ v14 p159 ]
14:0159(30)AR
The decision of the Authority follows:


 14 FLRA No. 30
 
 PUGET SOUND NAVAL SHIPYARD,
 DEPARTMENT OF THE NAVY,
 BREMERTON, WASHINGTON
 Activity
 
 and
 
 BREMERTON METAL TRADES COUNCIL
 Union
 
                                            Case No. O-AR-704
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case is before the Authority on exceptions to the award of
 Arbitrator Eaton Conant filed by Howard Jackson, the grievant, in the
 above-entitled case.  For the reasons set forth below, the 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 subject arbitration
 proceeding.  Thus, it does not appear that Mr. Jackson, 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, and apart from other consideration, the grievant's
 exceptions are hereby dismissed.
 
    For the Authority.
 
    Issued, Washington, D.C., March 26, 1984
 
                                       Harold D. Kessler, 
                                  Director, Case Management