10:0020(6)AR - Naval Air Station, OCEANA and Tidewater Virginia FEMT Council -- 1982 FLRAdec AR



[ v10 p20 ]
10:0020(6)AR
The decision of the Authority follows:


 10 FLRA No. 6
 
 NAVAL AIR STATION,
 OCEANA
 Activity
 
 and
 
 TIDEWATER VIRGINIA FEDERAL
 EMPLOYEES METAL TRADES
 COUNCIL, AFL-CIO
 Union
 
                                            Case No. O-AR-352
 
                                 DECISION
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR ROBERT J. ABLES 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 DID NOT
 FILE AN OPPOSITION.
 
    THE PARTIES SUBMITTED TO THE ARBITRATOR A GRIEVANCE CONCERNING THE
 ENTITLEMENT TO ENVIRONMENTAL DIFFERENTIAL PAY WHICH THE ACTIVITY CLAIMED
 HAD NOT BEEN TIMELY FILED IN ACCORDANCE WITH THE TIME LIMITATIONS OF THE
 PARTIES' COLLECTIVE BARGAINING AGREEMENT.  THE ARBITRATOR'S AWARD WITH
 RESPECT TO THE ACTIVITY'S CLAIM WAS THAT THE GRIEVANCE HAD BEEN TIMELY
 FILED UNDER THE TERMS OF THE AGREEMENT.
 
    THE AGENCY HAS ONLY FILED EXCEPTIONS TO THE PORTION OF THE AWARD
 FINDING THE GRIEVANCE ARBITRABLE AS TIMELY FILED UNDER THE TERMS OF THE
 PARTIES' COLLECTIVE BARGAINING AGREEMENT.  IN ITS EXCEPTIONS THE AGENCY
 CONTENDS THAT IN FINDING THE GRIEVANCE TIMELY FILED, THE ARBITRATOR
 EXCEEDED HIS AUTHORITY AND THE AWARD FAILS TO DRAW ITS ESSE