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26:0197(23)AR - Air Force, Sacramento Air Force Logistics Center, McClellan AFB, CA and AFGE Local 1857 -- 1987 FLRAdec AR



[ v26 p197 ]
26:0197(23)AR
The decision of the Authority follows:


 26 FLRA No. 23
 
 DEPARTMENT OF THE AIR FORCE 
 SACRAMENTO AIR FORCE LOGISTICS CENTER
 MCCLELLAN AIR FORCE BASE, CALIFORNIA
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT 
 EMPLOYEES, LOCAL 1857
 Union
 
                                            Case No. 0-AR-1301
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case is before the Authority on exceptions to the award of
 Arbitrator Albert Schneider filed by Ms. Barbara Donahue, 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 Ms. Donahue's
 status in the proceeding before the arbitrator was limited to that of
 grievant and that she did not participate as a "party" in the
 proceeding.  Consequently, since Ms. Donahue was not a party to the
 proceeding, she 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., March 16, 1987.
                                       /s/ 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;  . . . .