[ v38 p587 ]
The decision of the Authority follows:
38 FLRA NO. 53 38 FLRA 587 30 NOV 1990 U.S. DEPARTMENT OF DEFENSE ARMY AND AIR FORCE EXCHANGE SERVICE (Agency) and NATIONAL FEDERATION OF FEDERAL EMPLOYEES LOCAL 977 (Union) 0-AR-1831 ORDER DISMISSING EXCEPTIONS November 30, 1990 The Agency has filed exceptions to the November 11, 1989 award of Arbitrator Donald A. Anderson pursuant to section 7122(a) of the Federal Service Labor - Management Relations Statute (the Statute) and part 2425 of the Authority's Rules and Regulations. The Union did not file an opposition to the Agency's exceptions. For the reasons stated below, the Agency's exceptions are interlocutory and must be dismissed. The Arbitrator concluded that the record was "inadequate and/or insufficient" to effect an appropriate remedy and directed the parties to "meet for the purpose of (e)ffecting an agreement on an appropriate financial arrangement" to settle the matter. Award at 14. The Arbitrator retained jurisdiction to rule on a remedy if the parties were unable to agree upon a remedy settlement. The Agency'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. See U.S. Department of Health and Human Services, Social Security Administration, Baltimore, Maryland and American Federation of Government Employees, SSA General Committee, 34 FLRA 373, 375 (1990) (Social Security Administration) and cases cited therein. 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 Agency has not shown that there are extraordinary circumstances which warrant a departure from our normal practice. Accordingly, the Agency's exceptions are dismissed. 1 For the Authority. Alicia N. Columna Director, Case Control Office FOOTNOTES Footnote 1 On July 20, 1990, the Arbitrator issued his award on the remedy. The Agency filed exceptions to the Arbitrator's award and the Union filed an opposition to the Agency's exceptions. U.S. Department of Defense, Army and Air Force Exchange Service and National Federation of Federal Employees, Local 977, Case No. 0-AR-1979 (1990). This case is pending before the Authority.