10:0413(70)AR - Norfolk Naval Shipyard, Portsmouth, Virginia and Tidewater Virginia Federal Employees MTC -- 1982 FLRAdec AR



[ v10 p413 ]
10:0413(70)AR
The decision of the Authority follows:


 10 FLRA No. 70
 
 NORFOLK NAVAL SHIPYARD,
 PORTSMOUTH, VIRGINIA
 Activity
 
 and
 
 TIDEWATER VIRGINIA FEDERAL
 EMPLOYEES METAL TRADES
 COUNCIL, AFL-CIO
 Union
 
                                            Case No. O-AR-377
 
                                 DECISION
 
    This matter is before the Authority on an exception to the award of
 Arbitrator Harold D. Jones, Jr. filed by the Union 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 Agency
 filed an opposition.
 
    The parties in this case submitted to arbitration the issue of
 whether the work performed by employees in the Activity's industrial
 waste treatment plant warranted the payment of an environmental
 differential under the category of poisons (toxic chemicals)-- high
 degree hazard.  On the basis of the evidence presented, the Arbitrator
 expressly found that the potential for personal injury had been
 practically eliminated by training, protective devices, and safety
 measures.  Accordingly, as his award the Arbitrator ruled that the work
 performed did not warrant the payment of an environmental differential.
 
    In its exception the Union contends that the award is contrary to FPM
 Supplement 532-1.  However, this exception provides no basis for finding
 the award deficient.  It is well established and the Authority has
 consistently recognized that the specific work situations for which an
 environmental differential is payable under FPM Supplement 532-1 are
 left to local determination, including arbitration.  E.g., American
 Federation of Government Employees, Local 2943 and Department of the Air
 Force, Loring Air Force Base, Maine, 10 FLRA No. 15 (1982);  American
 Federation of Government Employees, AFL-CIO, Local 1857 and Sacramento
 Air Logistics Center, McClellan Air Force Base, California, 9 FLRA No.
 128 (1982).  In this case the Arbitrator determined as to the disputed
 local work situation that the payment of an environmental differential
 was not warranted, and consequently the Union's exception does not
 establish that the award is contrary to FPM Supplement 532-1.  See
 Sacramento Air Logistics Center;  Naval Weapons Station, Yorktown,
 Virginia and National Association of Government Employees, Local R4-1, 6
 FLRA No. 47 (1981);  Veterans Administration Medical Center, Fort Howard
 and American Federation of Government Employees, AFL-CIO, Local 2146, 5
 FLRA No. 31 (1981).  Accordingly, the exception is denied.  Issued,
 Washington, D.C., October 29, 1982