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23:0460(65)AR - Army, Fort Carson, CO and AFGE Local 1345 -- 1986 FLRAdec AR



[ v23 p460 ]
23:0460(65)AR
The decision of the Authority follows:


 23 FLRA No. 65
 
 DEPARTMENT OF THE ARMY 
 FORT CARSON, COLORADO
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT 
 EMPLOYEES, LOCAL 1345
 Union
 
                                            Case No. 0-AR-1220
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case is before the Authority on exceptions to the award of
 Arbitrator Michael D. Rappaport filed by Mr. William D. Cooney, the
 grievant in the above-entitled case.  For the reasons stated below, the
 exceptions must be dismissed.
 
    Section 2425.1(a) of the Authority's Rules and Regulations provides:
 
          Either party (emphasis added) 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. . . .
 
    It is clear that the Union and the Activity participated as "parties"
 in the subject proceeding.  However, it appears that Mr. Cooney's status
 in the proceeding before the arbitrator was limited to that of grievant
 and that he did not participate as a "party" in the proceeding.
 Consequently, since Mr. Cooney was not a party to the proceeding, he is
 without standing under the Authority's Rules and Regulations to file
 exceptions to the arbitrator's award under section 2425.1(a) of the
 Authority's rules of procedure.
 
    Accordingly, and apart from other considerations, the grievant's
 exceptions are hereby dismissed.
 
    For the Authority.
 
    Issued, Washington, D.C., September 26, 1986.
                                       /s/ Harold D. Kessler
                                       Harold D. Kessler
                                       Director of Case Management
 
 
                ---------------  FOOTNOTES$ ---------------
 
 
 
    (*) Section 7103(a)(1) of the Federal Service Labor-Management
 Relations Statute provides:
 
          (a) For the purpose of this chapter (chapter 71 of title 5 of
       the United States Code) --
 
          (1) "Person" means an individual, labor organization, or
       agency;  . . .