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60 FLRA No. 54
United States Department of the Army Army Corps of Engineers, Norfolk District and NFFE, Local 1028 (Moore, Arbitrator) 0-AR-3803 (Decided September 15, 2004)
The Arbitrator sustained the grievance, finding that the grievant's 14-day suspension was not for just cause. The Arbitrator remanded the case to the parties for resolution of the Union's request for back pay and attorney fees and retained jurisdiction to resolve any claims which the parties were unable to resolve. The Authority found that the Agency's exceptions were interlocutory and that no extraordinary circumstances were presented warranting review of the exceptions.
Under section 2429.11 of the Authority's Regulations 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. In cases where exceptions are interlocutory in nature, but raise a plausible jurisdictional defect, the resolution of which would advance the ultimate disposition of the case, extraordinary circumstances may exist warranting review of the exceptions.