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American Federation of Government Employees, Local 953 (Union) and United States Department of the Army, U.S. Corps of Engineers, Little Rock, Arkansas (Agency)

 

68 FLRA No. 73                                                                                                                                                                                                                 
 
AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES
LOCAL 953
(Union)
 
and
 
UNITED STATES
DEPARTMENT OF THE ARMY
U.S. CORPS OF ENGINEERS
LITTLE ROCK, ARKANSAS
(Agency)
 
0‑AR‑5100
 
_____
 
ORDER DISMISSING EXCEPTIONS
 
April 8, 2015
 
_____
 
Before the Authority: Carol Waller Pope, Chairman, and
Ernest DuBester and Patrick Pizzella, Members
 
                This matter is before the Authority on exceptions to an award of Arbitrator Patrick J. Halter filed by the Union under § 7122(a) of the Federal Service Labor‑Management Relations Statute[1] and part 2425 of the Authority’s Regulations.[2] The Agency filed an opposition to the Union’s exceptions.
 
We have determined that this case is appropriate for issuance as an expedited, abbreviated decision under § 2425.7 of the Authority’s Regulations.[3] 
 
Sections 2425.4(c) and 2429.5 of the Authority’s Regulations bar consideration of the Union’s exceptions.[4] The Union should have known to raise these arguments before the Arbitrator, but the record does not reflect that the Union did so. Therefore, we dismiss the exceptions.[5]
 
Accordingly, we dismiss the Union’s exceptions.
 


[1] 5 U.S.C. § 7122(a).
[2] 5 C.F.R. pt. 2425.
[3] Id. § 2425.7 (“Even absent a [party’s] request, the Authority may issue expedited, abbreviated decisions in appropriate cases.”).
[4] Id. §§ 2425.4(c), 2429.5.
[5] U.S. DHS, U.S. CBP, 66 FLRA 335, 337-38 (2011) (where a party should have known to make an argument to the arbitrator, but the record does not indicate that the party did so, §§ 2425.4(c) and 2429.5 of the Authority’s Regulations bar the party from raising that argument to the Authority).