20:0003(1)AR - AFGE Local 2904 and US Marine Corps -- 1985 FLRAdec AR

20 FLRA No. 1

AMERICAN FEDERAL OF GOVERNMENT EMPLOYEES 
LOCAL 2904 
Union 
and 
UNITED STATES MARINE CORPS 

Agency

                                      Case No. 0-AR-987

                       ORDER DISMISSING EXCEPTIONS

   This case is before the Authority on exceptions to certain portions
of the Master Labor Agreement effective April 27, 1985, between the
parties in the above-entitled case.  The exceptions were filed by a
"member" of the Union, a Ms. Patricia E. Spencer, who alleges in the
exceptions that the offending contractual language was the work of
Arbitrator Jerome H. Ross.  For the reasons stated below, it has been
determined that 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:

         Sec. 2421.11 Party.

         "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 the Union and the Agency, are parties
to a Master Labor Agreement that went into effect on April 27, 1985.
The record before the Authority further indicates that the Union and
Agency were "parties" to an interest arbitration award in the
above-entitled proceeding.  However, no signed and dated "award" as such
has been submitted to the Authority.  Therefore, based on the evidence
presented, it is concluded that Ms. Spencer does not have standing as a
"party" under section 2425.1(a) of the Authority's rules of procedure to
file the subject exceptions with the Authority.

   Accordingly, and apart from other considerations, the exceptions
filed by Ms. Spencer are hereby dismissed.

   For the Authority.

   Issued, Washington, D.C., September 5, 1985
                                      Harold D. Kessler
                                      Managing Director for Case
                                      Processing