U.S. Department of Agriculture, Food Safety and Quality Service (Activity) and National Joint Council of Food Inspection Locals, AFGE, AFL-CIO (Union)

 



[ v06 p278 ]
06:0278(48)AR
The decision of the Authority follows:


 6 FLRA No. 48
 
 U.S. DEPARTMENT OF AGRICULTURE,
 FOOD SAFETY AND QUALITY SERVICE
 Activity
 
 and
 
 NATIONAL JOINT COUNCIL OF
 FOOD INSPECTION LOCALS,
 AFGE, AFL-CIO
 Union
 
                                            Case No. O-AR-171
 
                                 DECISION
 
    THIS MATTER IS BEFORE THE AUTHORITY ON AN EXCEPTION TO THE AWARD OF
 ARBITRATOR GEO. SAVAGE KING 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 GRIEVANT FILED A WRITTEN GRIEVANCE
 IN JUNE 1980 CLAIMING THAT DURING A REASSIGNMENT IN OCTOBER 1977 HE HAD
 BEEN DENIED CERTAIN "BUMPING RIGHTS" GUARANTEED HIM BY CHAPTER 351 OF
 THE FEDERAL PERSONNEL MANUAL AND ARTICLE XXIII, SECTION (B)(2) OF THE
 PARTIES' COLLECTIVE BARGAINING AGREEMENT.  THE ACTIVITY DENIED THE
 GRIEVANCE, MAINTAINING THAT IT WAS NOT TIMELY FILED UNDER ARTICLE XXXII,
 SECTION F OF THE PARTIES' AGREEMENT WHICH STATES:
 
    GRIEVANCES MUST BE PRESENTED WITHIN THIRTY (30) CALENDAR DAYS FROM
 THE DATE THE EMPLOYEE OR
 
    THE UNION BECAME AWARE OF THE ACTIONS WHICH FORM THE BASIS FOR THE
 GRIEVANCE.
 
    WHEN THE GRIEVANCE WAS ADVANCED TO ARBITRATION, THE PARTIES
 STIPULATED THE ISSUE BEFORE THE ARBITRATOR TO BE:
 
    DID THE AGENCY VIOLATE THE PROVISIONS OF ARTICLE XX