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