Federal Prison System (Agency) and American Federation of Government Employees, Local No. 2459 (Union)

 8 FLRA No. 20
 
 FEDERAL PRISON SYSTEM
 Agency
 
 and
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES,
 LOCAL NO. 2459
 Union
 
                                            Case No. 0-AR-87
 
                                 DECISION
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR PRESTON J. MOORE FILED BY THE UNION UNDER SECTION 7122(A) OF
 THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE) /1/
 AND PART 2425 OF THE AUTHORITY'S RULES AND REGULATIONS.  THE AGENCY
 FILED AN OPPOSITION.
 
    ACCORDING TO THE ARBITRATOR, THE DISPUTE RELEVANT TO THIS CASE /2/
 AROSE WHEN THE ACTIVITY NOTIFIED ITS EMPLOYEES THAT THEY WERE REQUIRED
 TO BE AT THEIR ASSIGNED DUTY STATIONS DURING THEIR ENTIRE TOUR OF DUTY.
 CONSEQUENTLY, THE EMPLOYEES WERE REQUIRED TO REPORT FIRST TO A CONTROL
 ROOM TO CHECK OUT KEYS AND DETAIL POUCHES BEFORE PROCEEDING TO THEIR
 DUTY STATIONS FOR THE COMMENCEMENT OF THEIR TOUR.  ON COMPLETION OF
 THEIR TOUR OF DUTY, THEY WERE THEN OBLIGATED TO AGAIN PROCEED TO THE
 CONTROL ROOM IN ORDER TO RETURN THE KEYS AND POUCHES.  THE UNION FILED A
 GRIEVANCE CLAIMING THAT THE EMPLOYEES WERE ENTITLED TO COMPENSATION FOR
 OVERTIME SPENT IN CHECKING IN AND OUT THE KEYS AND POUCHES AND
 PROCEEDING TO AND FROM THE CONTROL ROOM AND THEIR DUTY STATIONS.  THE
 GRIEVANCE WAS NOT RESOLVED AND WAS SUBMITTED TO ARBITRATION ON THE ISSUE
 OF WHETHER SUCH ACTIVITIES CONSTITUTED WORK FOR WHICH THE EMPLOYEES WERE
 ENTITLED TO BE COMPENSATED.
 
    THE ARBITRATOR FIRST QUESTIONED WHETHER REPORTING TO THE CONTROL ROOM
 COULD PROPERLY CONSTITUTE WORK SUCH THAT THE TIME SPENT TRAVELING
 BETWEEN THE CONTROL ROOM AND THE DUTY STATION WAS COMPENSABLE WORK
 TIME.
  HE ALSO QUESTIONED WHETHER THE TIME SPENT ON SUCH ACTIVITIES COULD BE
 CONSIDERED DE MINIMUS.  ALTHOUGH HE CONCLUDED THAT THE AMOUNT OF TIME
 INVOLVED WAS NOT DE MINIMUS, HE DETERMINED THAT UNDER APPLICABLE LAW AND
 REGU