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16:0044(12)AR - VA Medical Center, Sepulvada and AFGE Local 1697 -- 1984 FLRAdec AR



[ v16 p44 ]
16:0044(12)AR
The decision of the Authority follows:


 16 FLRA No. 12
 
 VETERANS ADMINISTRATION MEDICAL
 CENTER, SEPULVADA
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 1697, AFL-CIO
 Union
 
                                            Case No. O-AR-834
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case is before the Authority on exceptions to the award of
 Arbitrator Mei L. Bickner filed by Mr. Sherman N. Vernon III, 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 an 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 proceeding.  Thus, it does not
 appear that Mr. Vernon, 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 considerations, the grievant's
 exceptions are hereby denied.  For the Authority.
 
    Issued, Washington, D.C., September 24, 1984
                                       Jan K. Bohren
                                       Executive Director/Administrator