[ v13 p695 ]
13:0695(111)AR
The decision of the Authority follows:
13 FLRA No. 111 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2219 Union and VETERANS ADMINISTRATION MEDICAL CENTER, LINCOLN, NEBRASKA Activity Case No. O-AR-600 ORDER DISMISSING EXCEPTIONS This matter is before the Authority on exceptions to the award of Arbitrator J. C. Fogelberg filed by the Activity under section 7122(a) of the Federal Service Labor-Management Relations Statute and part 2425 of the Authority's Rules and Regulations. The dispute before the Arbitrator concerns the extent to which certain bargaining unit employees are entitled to environmental differential pay pursuant to a Working Agreement of the parties and the Federal Personnel Manual. The Arbitrator essentially found, as relevant here, that the parties had not engaged in sufficient efforts to narrow or resolve the dispute. The Arbitrator therefore remanded the matter to the parties for 30 days for further effort and provided them with criteria to be utilized as guidelines for that effort and possible settlement. The Arbitrator directed the parties to report back on the results of their efforts within 30 days and expressly retained jurisdiction of the matter with respect to the question of remedy. Section 2249.11 of the Authority's Rules and Regulations provides: "The Authority . . . ordinarily will not consider interlocutory appeals." That is, the Authority ordinarily will not consider an appeal until a final decision has been rendered on the entire proceeding. In this case, the Arbitrator has not yet rendered a final award in the proceeding. The Arbitrator remanded the case to the parties for the purpose and period described before any final ruling would be rendered. Thus, the Activity's exceptions are considered interlocutory and the facts and circumstances are not such as to warrant review of the exceptions at this stage of the proceeding. Accordingly, since the Activity's exceptions are interlocutory and Authority review is not warranted under the circumstances, the exceptions are hereby dismissed. However, the dismissal is without prejudice to the renewal of any of the Activity's contentions in exceptions duly filed with the Authority after a final award is rendered by the Arbitrator. For the Authority. Issued, Washington, D.C., January 31, 1984 James J. Shepard, Executive Director