24:0678(69)AR - Defense Logistics Agency, Defense Depot Memphis, Memphis, TN and AFGE Local 2501 -- 1986 FLRAdec AR

 24 FLRA No. 69
 
 DEFENSE LOGISTICS AGENCY 
 DEFENSE DEPOT MEMPHIS 
 MEMPHIS, TENNESSE
 Agency
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT 
 EMPLOYEES, LOCAL 2501
 Union
 
                                            Case No. 0-AR-1257
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case is before the Authority on exceptions to the award of
 Arbitrator Mathew W. Jewett filed on behalf of Mr. Joe A. Barlow, 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. Barlow, 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 herby denied.
 
    For the Authority.
 
    Issued, Washington, D.C., December 19, 1986.
                                       /s/ Harold D. Kessler
                                       Director of Case Processing