San Antonio Air Logistics Center, Kelly Air Force Base, Texas (Activity) and American Federation of Government Employees, Local 1617, AFL-CIO (Union)

 

 6 FLRA No. 75
 
 SAN ANTONIO AIR LOGISTICS
 CENTER, KELLY AIR FORCE
 BASE, TEXAS
 Activity
 
 and
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES,
 AFL-CIO, LOCAL 1617
 Union
 
                                            Case No. O-AR-53
 
                                 DECISION
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR HOWARD F. LEBARON FILED BY THE UNION UNDER SECTION 7122(A) OF
 THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C.
 7122(A)).
 
    THE FACTS IN THIS CASE, AS SET FORTH IN THE ARBITRATOR'S AWARD, ARE
 ESSENTIALLY THE SAME AS THOSE INVOLVED IN THE GRIEVANCE BEFORE
 ARBITRATOR JOHN F. CARAWAY WHOSE AWARD WAS THE SUBJECT OF EXCEPTIONS
 FILED WITH THE AUTHORITY IN SAN ANTONIO AIR LOGISTICS CENTER, KELLY AIR
 FORCE BASE, TEXAS AND AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
 (AFL-CIO), LOCAL UNION 1617, SAN ANTONIO, TEXAS, 6 FLRA NO. 74(1981)
 DECIDED THIS DATE.
 
    AS IN THE MATTER BEFORE ARBITRATOR CARAWAY, WHICH INVOLVED A
 DIFFERENT BARGAINING UNIT AT THE ACTIVITY, THE GRIEVANCE IN THE INSTANT
 CASE BEFORE ARBITRATOR LEBARON WAS FILED BY THE ACTIVITY FOLLOWING
 PUBLICATION BY THE UNION OF AN ARTICLE IN ITS NEWSLETTER ADVISING
 EMPLOYEES TO ANSWER A SURVEY INVOLVING THE ACTIVITY'S ORTHODOX JOB
 ENRICHMENT (OJE) PROGRAM IN A FIXED MANNER SO AS TO INVALIDATE THE DATA
 COLLECTED BY THAT SURVEY.  THE UNION DENIED THE GRIEVANCE AND IT WAS
 ULTIMATELY SUBMITTED TO ARBITRATION.
 
    AS RELEVANT HERE, THE ARBITRATOR FOUND THE ISSUES BEFORE HIM TO BE
 WHETHER THE UNION VIOLATED THE PARTIES' COLLECTIVE BARGAINING AGREEMENT
 BY ITS NEWSLETTER ARTICLE AND, IF SO, WHAT THE REMEDY SHOULD BE.  THE
 ARBITRATOR DETERMINED THAT THE UNION HAD VIOLATED THREE PROVISIONS OF
 THE AGREEMENT "(B)Y ADVISING EMPLOYEES NOT TO PARTICIPATE IN THE SURVEY
 AND BY STRONGLY RECOMMENDING THEY ANSWER QUESTIONS I