Headquarters, U.S. Army Communications Command, Et Al., Fort Huachuca, Arizona (Activity) and American Federation of Government Employees, Local 1662 (Union)
[ v03 p705 ]
03:0705(113)AR
The decision of the Authority follows:
3 FLRA No. 113
HEADQUARTERS, U.S. ARMY
COMMUNICATIONS COMMAND,
ET AL., FORT HUACHUCA,
ARIZONA
Activity
and
AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
LOCAL 1662
Union
Case no.0-AR-27
DECISION
THIS MATTER IS BEFORE THE AUTHORITY ON A PETITION FOR REVIEW OF THE
AWARD OF ARBITRATOR JULIUS N. DRAZNIN FILED BY THE UNION UNDER SECTION
7122(A) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5
U.S.C. 7122(A)).
ACCORDING TO THE ARBITRATOR, THE DISPUTE IN THIS MATTER AROSE WHEN
THE ACTIVITY ISSUED A NOTICE CHANGING THE "QUALIFICATION FOR PERSONS
RECEIVING ENVIRONMENTAL DIFFERENTIAL PAY WHILE ENGAGED IN THE WATER AND
SEWAGE PLANT OPERATIONS." THE NOTICE APPARENTLY RESULTED IN A REDUCTION
IN THE NUMBER OF PERSONS WHO QUALIFIED FOR DIFFERENTIAL PAY AND THE
CIRCUMSTANCES UNDER WHICH SUCH PAY WOULD BE GIVEN. THE UNION,
DISAGREEING WITH THIS REDUCTION, FILED A GRIEVANCE. THE PARTIES WERE
UNABLE TO RESOLVE THE QUESTION AND IT WAS SUBMITTED TO ARBITRATION.
ALTHOUGH A SUBMISSION STATEMENT WAS GIVEN TO THE ARBITRATOR, THE
PARTIES WERE IN DISAGREEMENT AS TO THE LANGUAGE FRAMING THE ISSUE.
THEREFORE, THE PARTIES AGREED TO ALLOW THE ARBITRATOR TO FORMULATE IT.
THE ARBITRATOR FOUND THAT THERE WERE TWO ISSUES. THE FIRST WAS THE ONE
SUBMITTED BY THE PARTIES:
HAVE THE SAFETY HAZARDS PERTAINING TO POISONS (TOXIC CHEMICALS) IN
THE SEWER AND WATER
TREATMENT PLANTS BEEN 'PRACTICALLY ELIMINATED BY SAFETY DEVICES AND
PROCEDURES' AS PROVIDED IN
ARTICLE 21 OF THE NEGOTIATED AGREEMENT SO AS TO ELIMINATE
ENVIRONMENTAL DIFFERENTIAL PAY
EXCEPT IN THOSE INSTANCES SET FORTH IN (THE AGENCY NOTICE), ATTACHED
HERETO.
THE SECOND ISSUE WAS WHETHER THE TERM "POISONS (TOXIC CHEMICALS)"
USED IN THE FIRST ISSUE "INCLUDE