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59 FLRA No. 116
U. S. Dept. of HUD, Washington, D.C. and AFGE, National Council of HUD Locals 222, AFL-CIO (McKissick, Arbitrator) 0-AR-3718 (Decided February 11, 2004)
The Arbitrator determined that a grievance challenging the Agency's advertising and filling of certain positions with promotion potential to GS-13 was arbitrable and directed the parties to proceed to a hearing on the merits of the grievance. The award was remanded to the parties.
The Authority noted that section 2429.11 of its regulations provides that the it will not ordinarily consider interlocutory appeals. In arbitration cases, the Authority will not resolve exceptions filed to an arbitration award unless the award constitutes a complete resolution of all of the issues submitted to arbitration. Additionally, the Authority added that review of interlocutory exceptions is warranted where the exceptions present a plausible jurisdictional defect, the resolution of which would advance the ultimate disposition of the case. Here, the Agency argued that, if the exceptions were interlocutory, then its exceptions raised a plausible jurisdictional defect because the Arbitrator's finding of arbitrability was contrary to § 7121(c)(5) of the Statute.
The Authority found that the exceptions presented a plausible jurisdictional defect, and concluded applying Library of Congress, 58 FLRA 486, 487 (2003) (Member Pope dissenting) that the jurisdictional issue should be resolved on the merits. Nevertheless, the Authority found that the record did not permit resolution of the jurisdictional issue and remanded the case to the parties for clarification.