[ v11 p284 ]
11:0284(62)AR
The decision of the Authority follows:
11 FLRA No. 62 FLEET COMBAT TRAINING CENTER, PACIFIC (Activity) and INTERDEPARTMENTAL LOCAL 3723, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO (Union) and JOHN R. JAY (Grievant) Case No. O-AR-498 ORDER DISMISSING EXCEPTIONS This case comes before the Authority on the exceptions of Mr. John R. Jay, the grievant in the above-entitled matter, to the award of Arbitrator Charles S. Bunker. For the reasons set forth below, the subject exceptions must be dismissed. Section 2425.1(a) of the Authority's Rules and Regulations provides: Either party to 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 activity) participated as "parties" in the arbitration proceeding here involved. Thus, it does not appear that Mr. Jay, 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, since the grievant is not entitled to file exceptions to the subject arbitrator's award under the Rules and Regulations, and apart from other considerations, IT IS HEREBY ORDERED that the grievant's exceptions be, and they hereby are, dismissed. For the Authority. Issued, Washington, D.C., February 9, 1983 James J. Shepard, Executive Director