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13:0345(57)AR - Local 1600, AFGE and the Naval Ordnance Station, Indian Head, MD -- 1983 FLRAdec AR



[ v13 p345 ]
13:0345(57)AR
The decision of the Authority follows:


 13 FLRA No. 57
 
 LOCAL 1600, AMERICAN FEDERATION
 OF GOVERNMENT EMPLOYEES
 (Union)
 
 and
 
 THE NAVAL ORDNANCE STATION,
 INDIAN HEAD, MARYLAND
 (Activity)
 
                                            Case No. O-AR-647
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case is before the Authority on exceptions to the award of
 Arbitrator William M. Edgett filed by Ms. Aretha L. Chisley, 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 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 subject arbitration
 proceeding.  Thus, it does not appear that Ms. Chisley, 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 hereby dismissed.  For the Authority.  Issued,
 Washington, D.C., November 1, 1983
                                       James J. Shepard, Executive
                                       Director