The Adjutant General of Pennsylvania (Agency) and The Pennsylvania State Council Association of Civilian Technicians, Inc. (Union)

 



[ v08 p208 ]
08:0208(44)AR
The decision of the Authority follows:


 8 FLRA No. 44
 
 THE ADJUTANT GENERAL
 OF PENNSYLVANIA
 Agency
 
 and
 
 THE PENNSYLVANIA STATE
 COUNCIL ASSOCIATION OF
 CIVILIAN TECHNICIANS,
 INC.
 Union
 
                                            Case No. 0-AR-161
 
                                 DECISION
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR JOHN P. YATSKO FILED BY THE AGENCY UNDER SECTION 7122(A) OF
 THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C.
 7122(A)) (THE STATUTE) AND PART 2425 OF THE AUTHORITY'S RULES AND
 REGULATIONS (5 CFR PART 2425).  THE UNION FILED AN OPPOSITION.
 
    ACCORDING TO THE ARBITRATOR, THE DISPUTE IN THIS MATTER AROSE OVER
 THE INTERPRETATION OF A PROVISION OF THE PARTIES' COLLECTIVE BARGAINING
 AGREEMENT RELATING TO THE PARTICULAR TECHNICIANS WHO WERE REQUIRED TO
 WEAR THEIR MILITARY UNIFORMS WHILE A "STANDARDIZATION AND EVALUATION
 INSPECTION" WAS TAKING PLACE.  THE GRIEVANCE WAS ULTIMATELY SUBMITTED TO
 ARBITRATION.
 
    THE ARBITRATOR FIRST HELD THAT THE GRIEVANCE WAS ARBITRABLE FINDING,
 CONTRARY TO THE AGENCY'S ASSERTIONS, THAT THE FILING OF AN UNFAIR LABOR
 PRACTICE CHARGE BY THE UNION DID NOT PRECLUDE THE USE OF THE ARBITRATION
 PROCESS IN THIS CASE.  AS TO THE MERITS OF THE CASE, THE ARBITRATOR
 INTERPRETED THE AGREEMENT TO FIND THAT THE PARTIES HAD INTENDED THAT
 ONLY THOSE TECHNICIANS "W