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35:0360(40)AR - - Air Force, Griffiss AFB, NY and AFGE Local 2612 - - 1990 FLRAdec AR - - v35 p360



[ v35 p360 ]
35:0360(40)AR
The decision of the Authority follows:


35 FLRA NO. 40
 


              U.S. DEPARTMENT OF THE AIR FORCE
              GRIFFISS AIR FORCE BASE NEW YORK

                             and

            AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
                         LOCAL 2612

                          0-AR-1879

                 ORDER DISMISSING EXCEPTIONS

                        March 30, 1990

On March 5, 1990, the American Federation of Government
Employees, Local 2612 (Union) filed exceptions to the ruling of
Arbitrator James R. Markowitz in the above-referenced case. For
the reasons set out below, the Union's exceptions must be
dismissed as interlocutory.

     The Union states that on February 16, 1990, the Arbitrator
scheduled a hearing for April 4, 1990. The Union filed its
exceptions to the Arbitrator's ruling to hold the arbitration
hearing on April 4, 1990. The Union also states that the
Arbitrator's decision violates the parties' collective bargaining
agreement.

     The Union's exceptions are interlocutory. An interlocutory
appeal concerns a ruling which is preliminary to final
disposition of a matter. The Authority "ordinarily will not
consider interlocutory appeals." 5 C.F.R. 2429.11. In an
arbitration case, this means that the Authority ordinarily will
not consider an appeal of an arbitrator's ruling until the
arbitrator has issued a final decision. American Federation of
Government Employees, General Committee and Department of Health
and Human Services, Social Security Administration, 32 FLRA  173
(1988); American Federation of Government Employees, General
Committee and Department of Health and Human Services, social
Security Administration, 32 FLRA  175 (1988).

     In this case, it is clear that the Arbitrator has not yet
rendered a final award on this dispute. Thus, the Union's
exceptions are interlocutory and the facts and circumstances do
not warrant review of the exceptions at this time. In addition,
the Union has not shown that there are extraordinary
circumstances which warrant a departure from our normal
practice.

     The Union's exceptions are dismissed without prejudice to
the Union to refile exceptions with the Authority after a final
award is rendered by the Arbitrator.

For the Authority.

Alicia N. Columna
Director, Case Control Office




FOOTNOTES:
(If blank, the decision does not have footnotes.)