Headquarters, Air Force Logistics Command (Activity) and American Federation of Government Employees, Council No. 214 (Union)

 



[ v08 p266 ]
08:0266(61)AR
The decision of the Authority follows:


 8 FLRA No. 61
 
 HEADQUARTERS, AIR FORCE
 LOGISTICS COMMAND
 Activity
 
 and
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES,
 AFL-CIO, COUNCIL NO. 214
 Union
 
                                            Case No. O-AR-164
 
                                 DECISION
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR CHARLES F. IPAVEC FILED BY THE UNION UNDER SECTION 7122(A) OF
 THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C. SEC.
 7122(A)) (THE STATUTE) AND PART 2425 OF THE AUTHORITY'S RULES AND
 REGULATIONS (5 CFR PART 2425).  THE AGENCY FILED AN OPPOSITION.
 
    ACCORDING TO THE ARBITRATOR, THE ISSUE IN THIS CASE CONCERNS THE
 UNION'S GRIEVANCE OBJECTING TO A GUIDANCE AND TRAINING MANUAL WHICH THE
 AGENCY DISTRIBUTED TO ITS MANAGERS AND SUPERVISORS.  THE UNION ALLEGED
 THAT THE MANUAL ERRONEOUSLY INTERPRETED PORTIONS OF THE PARTIES'
 COLLECTIVE BARGAINING AGREEMENT AND THEREBY REDUCED THE UNION'S RIGHTS
 UNDER THE AGREEMENT.  THE ARBITRATOR HELD A HEARING AT WHICH HE
 ANNOUNCED HIS INTENTION TO HEAR EVIDENCE ON THE ISSUE OF ARBITRABILITY
 FIRST, AND THEN TO HEAR EVIDENCE ON THE MERITS.  HOWEVER, IN HIS AWARD
 HE STATED THAT "TIME PERMITTED ONLY THE INTRODUCTION OF EVIDENCE AS TO
 THE QUESTION OF ARBITRABILITY, AND THIS DECISION IS DIRECTED ONLY TO
 THAT ISSUE." THE