Navy Exchange, Naval Station, San Diego, California (Activity) and American Federation of Government Employees, Interdepartmental Local 3723, AFL-CIO (Union)

 



[ v06 p408 ]
06:0408(73)AR
The decision of the Authority follows:


 6 FLRA No. 73
 
 NAVY EXCHANGE, NAVAL STATION,
 SAN DIEGO, CALIFORNIA
 Activity
 
 and
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES,
 INTERDEPARTMENTAL LOCAL
 3723, AFL-CIO
 Union
 
                                            Case No. O-AR-56
 
                                 DECISION
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR LLOYD H. BAILER 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, THIS CASE CONCERNS A STATEMENT BY THE
 UNION IN ITS NEWSLETTER.  THE ACTIVITY FILED A GRIEVANCE ALLEGING THAT
 "BY PRINTING MALICIOUS STATEMENTS IN ITS LOCAL NEWSLETTER, 'THE
 STEWARD,' (THE UNION) HAS CAUSED UNREPAIRABLE (SIC) HARM IN THE
 RELATIONSHIP BETWEEN NAVY EXCHANGE EMPLOYEES AND MANAGEMENT." THE
 GRIEVANCE ALLEGED THAT BY PUBLISHING THIS STATEMENT /1/ THE UNION HAD
 VIOLATED THE PARTIES' COLLECTIVE BARGAINING AGREEMENT.  THE UNION
 CLAIMED THAT THE ACTIVITY'S COMPLAINT WAS NOT GRIEVABLE AND THE MATTER
 WAS ULTIMATELY SUBMITTED TO ARBITRATION.  THE ARBITRATOR STATED THE
 ISSUES AS FOLLOWS:
 
    HAS THE EMPLOYER PRESENTED A GRIEVABLE MATTER?  IF SO, WHAT
 DISPOSITION SHOULD BE MADE OF
 
    THIS GRIEVANCE?
 
    DETERMINING THAT THE PARTIES' AGREEMENT DID NOT PRECL