10:0673(113)AR - INS and AFGE (National INS Council) -- 1982 FLRAdec AR



[ v10 p673 ]
10:0673(113)AR
The decision of the Authority follows:


 10 FLRA No. 113
 
 UNITED STATES IMMIGRATION
 AND NATURALIZATION SERVICE
 Agency
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES (NATIONAL IMMIGRATION AND
 NATURALIZATION SERVICE COUNCIL),
 AFL-CIO
 Union
 
                                            Case No. O-AR-196
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Sidney A. Wolff 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 did not
 file an opposition.
 
    The parties submitted to arbitration their dispute of whether in
 temporarily assigning journeyman investigators to the alien processing
 group, the Agency violated the parties' collective bargaining agreement.
  The Arbitrator determined that the Agency had not violated the
 collective bargaining agreement, and accordingly he denied the
 grievance.
 
    In its first exception the Union contends that the award is contrary
 to rule or regulation.  Specifically the Union claims that the
 Arbitrator misapprehended that the temporary assignments constituted
 details under the Agency's administrative manual.  However, the Union's
 exception provides no basis for finding the award deficient.  The
 Union's exception constitutes nothing more than disagreement with the
 Arbitrator's reasoning and conclusions in resolving the submitted issue
 of whether the Agency violated the collective bargaining agreement and
 does not establish that the Arbitrator's award, which found no violation
 of the collective bargaining agreement and on that basis denied the
 grievance, is contrary to provisions of the Agency's administrative
 manual.  See, e.g., Department of the Treasury, U.S. Customs Service,
 Region VII and National Treasury Employees Union, 7 FLRA No. 49 (1981).
 
    In its second exception, the Union essentially contends that the
 award does not draw its essence from the collective bargaining
 agreement.  In support the Union argues that the Arbitrator should have
 found a violation of the agreement.  However, the Union's exception
 constitutes nothing more than disagreement with the Arbitrator's
 interpretation and application of the collective bargaining agreement
 and consequently provides no basis for finding the award deficient.
 E.g., American Federation of Government Employees, Local 1210 and
 Immigration and Naturalization Service, 8 FLRA No. 17 (1982).
 
    Accordingly, the Union's exceptions are denied.  Issued, Washington,
 D.C., December 16, 1982
                                       Ronald W. Haughton, Chairman