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File 2: Opinion of Chairman Cabaniss

[ v60 p823 ]

Dissenting Opinion of Chairman Cabaniss:

      Consistent with my dissent in United States Dep't of the Air Force, Luke Air Force Base, Ariz., 58 FLRA 528, 538 (2003), I would dismiss the complaint in this case as not involving a formal discussion under § 7114(a)(2)(A), and therefore dissent from the majority decision here. Moreover, to the extent that the Respondent's other legal arguments supporting its position that an EEO complaint does not constitute a "grievance" under § 7114(a)(2)(A) are before the Authority, I reiterate the views set out in my dissent in United States Dep't of the Air Force, 436th Airlift Wing, Dover Air Force Base, Dover, Del., 57 FLRA 304, 312-14 (2001). [*] 

File 1: Authority's Decision in 60 FLRA No. 155
File 2: Opinion of Chairman Cabaniss
File 3: ALJ's Decision

Footnote * for 60 FLRA No. 155 - Opinion of Chairman Cabaniss

   I note that the General Counsel only raised 5 C.F.R. § 2429.5 for the purpose of limiting the Respondent's contentions pertaining to the parties' negotiated agreement, not with respect to its remaining legal arguments pertaining to the statutory definition of a "grievance" under § 7114(a)(2)(A). Opposition at 9.