[ v35 p375 ]
35:0375(43)AR
The decision of the Authority follows:
35 FLRA NO. 43
U.S. DEPARTMENT OF THE AIR FORCE
GRIFFISS AIR FORCE BASE, NEW YORK
and
AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES
LOCAL 2612
0-AR-1875
ORDER DISMISSING EXCEPTIONS
March 30, 1990
On February 20, 1990, the American Federation of Government
Employees, Local 2612 (Union) filed exceptions to the ruling of
Arbitrator David C. Randles in the above-referenced case. For the
reasons set out below, the Union's exceptions must be dismissed
as interlocutory.
In a letter to the parties dated January 22, 1990,
the
Arbitrator scheduled a hearing for 10:00 a.m., April 3, 1990 at
either the Court Room or the Officer's Club, upon availability.
The Union excepts to the scheduling of the hearing, asserting
that the Arbitrator has violated the parties' collective
bargaining agreement.
The Union'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. American Federation of
Government Employees, GeneralCommittee and Department of Health
and Human Services, Social Security Administration, 32 FLRA 173
(1988); American Federation of Government Employees, General
Committee and Department of Health and Human Services, Social
Security Administration, 32 FLRA 175 (1988).
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 Union has not shown that there are extraordinary
circumstances which warrant a departure from our normal
practice.
The Union's exceptions are dismissed without
prejudice to
the Union to refile exceptions with the Authority after a final
award is rendered by the Arbitrator.
For the Authority.
Alicia N. Columna
Director, Case Control Office
FOOTNOTES:
(If blank, the decision does not
have footnotes.)