09:0381(45)AR - National Archives and Records Service, GSA and Local 2578, AFGE -- 1982 FLRAdec AR



[ v09 p381 ]
09:0381(45)AR
The decision of the Authority follows:


 9 FLRA No. 45
 
 NATIONAL ARCHIVES AND
 RECORDS SERVICE, GENERAL
 SERVICES ADMINISTRATION
 Agency
 
 and
 
 LOCAL 2578, AMERICAN
 FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO
 Union
 
                                            Case No. 0-AR-137
 
                                 DECISION
 
    THIS MATTER IS BEFORE THE AUTHORITY ON AN EXCEPTION TO THE AWARD OF
 ARBITRATOR WILLIAM M. EDGETT FILED BY THE AGENCY UNDER SECTION 7122(A)
 OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE)
 AND PART 2425 OF THE AUTHORITY'S RULES AND REGULATIONS.  THE UNION FILED
 AN OPPOSITION.
 
    THE DISPUTE IN THIS MATTER CONCERNS THE GRIEVANT'S PROTEST OF HER
 PERFORMANCE EVALUATION.  THE AGENCY REFUSED TO PROCESS THE GRIEVANCE ON
 THE GROUND THAT THE GRIEVANT WAS A MANAGEMENT OFFICIAL AND THEREFORE
 EXCLUDED FORM THE BARGAINING UNIT AND FROM USE OF THE NEGOTIATED
 GRIEVANCE PROCEDURE.
 
    THE UNION REQUESTED ARBITRATION UNDER THE PARTIES' AGREEMENT WHICH
 PROVIDES THAT GRIEVABILITY/ARBITRABILITY QUESTIONS SHALL BE SUBMITTED
 FOR ARBITRAL RESOLUTION PRIOR TO SUBMITTING THE MERITS OF THE GRIEVANCE
 TO AN ARBITRATOR.  HOWEVER, THE AGENCY TOOK THE POSITION THAT THE
 QUESTION BEING SUBMITTED TO ARBITRATION WAS NOT ONE OF
 GRIEVABILITY/ARBITRABILITY AS THAT TERM IS USED IN THE AGREEM