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15:0558(117)AR - Office of Hearing and Appeals, SSA, Arlington, Virginia and AFGE Council 215 -- 1984 FLRAdec AR



[ v15 p558 ]
15:0558(117)AR
The decision of the Authority follows:


 15 FLRA No. 117
 
 OFFICE OF HEARINGS AND APPEALS,
 SOCIAL SECURITY ADMINISTRATION,
 ARLINGTON, VIRGINIA
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, COUNCIL 215, AFL-CIO
 Union
 
                                            Case No. O-AR-752
 
                        ORDER DISMISSING EXCEPTIONS
 
    This matter is before the Authority at this time on exceptions to the
 ruling of Arbitrator Robert Bennett Lubic filed by the Union.  For the
 reasons stated below, it has been determined that the Union's exceptions
 are interlocutory and must be dismissed.
 
    In response to a request by the Agency, which was opposed by the
 Union, the Arbitrator ruled that the Agency could have access to his
 copy of the transcript of the arbitration hearing with certain
 conditions.  The Union then filed the instant exceptions to the
 Arbitrator's ruling.
 
    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.  See, e.g., U.S. Customs Service and National
 Treasury Employees Union, 14 FLRA No. 72 (1984).
 
    In this case, it is clear that the Arbitrator has not rendered a
 final award.  Rather, as indicated above, the Arbitrator simply ruled on
 an interlocutory request by the Agency for access to a copy of the
 transcript of the hearing.  The Union's exceptions are therefore clearly
 interlocutory and the facts and circumstances presented are not so
 extraordinary as to warrant Authority review at this time.
 
    Accordingly, since the Union'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 Union's contentions in exceptions
 duly filed with the Authority after a final award is rendered by the
 Arbitrator.
 
    For the Authority.
 
    Issued, Washington, D.C., August 16, 1984
                                       Jan K. Bohren
                                       Executive Director/Administrator