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17:0995(133)AR - AFGE Local 3769 and Federal Grain Inspection Service -- 1985 FLRAdec AR



[ v17 p995 ]
17:0995(133)AR
The decision of the Authority follows:


 17 FLRA No. 133
 
 AMERICAN FEDERATION OF GOVERNMENT 
 EMPLOYEES, AFL-CIO, LOCAL 3769
 Union 
 
 and 
 
 FEDERAL GRAIN INSPECTION SERVICE 
 Agency
 
                                            Case No. 0-AR-961
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case is before the Authority on exceptions to the award of
 Arbitrator John J. Maxwell filed by Mr. Charlie Horton, Jr., 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 Agency,
 participated as "parties" in the subject proceeding.  Thus, it does not
 appear that Mr. Horton, 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., May 13, 1985
                                       Harold D. Kessler
                                       Managing Director for Case
                                       Processing