11:0690(116)AR DIGEST HEADINGS STATUTE SUBJECT MATTER INDEX ENTRIES DIGEST NOTES DECISION -- 1983 FLRAdec AR
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The decision of the Authority follows:
11 FLRA NO. 116
NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, LOCAL R4-96 Union and NAVAL WEAPONS STATION, YORKTOWN, VIRGINIA Activity Case No. 0-AR-318
This matter is before the Authority on exceptions to the award of Arbitrator Leonard H. Davidson 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. Upon careful consideration of the submissions in the record before the Authority, the Authority makes the following determinations.
The dispute involved a claim by the grievant that she had performed the duties of a higher grade position for approximately three years and that under the provision in the parties' collective bargaining agreement pertaining to the detailing of employees she was entitled to compensation at the higher pay level for that period of time. The Arbitrator found that the grievant did not perform all of the significant duties of the higher grade position and concluded that her claim was without merit. The Arbitrator further found that the grievance must be denied since the grievant had waited an unreasonable period of time before filing it. Accordingly, as his award, the Arbitrator denied the grievance.
The Union's assertions in support of its exceptions essentially constitute disagreement with the Arbitrator's reasoning, findings of fact and conclusions, and generally with his interpretation and application of the parties' agreement. 1 Consequently, the exceptions provide no [ v11 p 690 ] basis for finding the award deficient. See Department of Defense Dependents Schools and Overseas Education Association, 3 FLRA 888 (1980); Pearl Harbor Naval Shipyard and Hawaii Federal Employees Metal Trades Council, 10 FLRA No. 8 (1982); United States Immigration and Naturalization Service and American Federation of Government Employees (National Immigration and Naturalization Service Council), AFL - CIO, 10 FLRA No. 113 (1982).
Accordingly, the Union's exceptions are denied.
Issued, Washington, D.C., March 18, 1983 Ronald W. Haughton, Chairman Henry B. Frazier III, Member Leon B. Applewhaite, Member FEDERAL LABOR RELATIONS AUTHORITY
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Footnote 1 The Union also contends that the Arbitrator exceeded his authority in finding that the grievance was time barred. However, with no submission agreement precluding the Arbitrator from addressing this issue, this argument is without merit. San Antonio Air Logistics Center, Kelly Air Force Base, San Antonio, Texas and American Federation of Government Employees, AFL-CIO, Local 1617, 9 FLRA No. 44 (1982).