12:0609(113)AR - NTEU and Nuclear Regulatory Commission -- 1983 FLRAdec AR



[ v12 p609 ]
12:0609(113)AR
The decision of the Authority follows:


 12 FLRA No. 113
 
 NATIONAL TREASURY EMPLOYEES UNION
 (Union)
 
 and
 
 U.S. NUCLEAR REGULATORY COMMISSION
 (Agency)
 
                                            Case No. O-AR-535
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Herbert Fishgold filed by the Agency under section 7122(a) of
 the Federal Service Labor-Management Relations Statute and part 2425 of
 the Authority's Rules and Regulations.
 
    The dispute arose in connection with a series of grievances
 concerning career ladder promotions.  The Agency denied the grievances
 and the Union invoked arbitration in each case.  The parties then
 entered into a Memorandum of Understanding agreeing to divide the
 grievances into certain categories and according to office lines within
 categories, and to refer to arbitration a threshold procedural issue
 involving interpretation of a particular provision of their collective
 bargaining agreement.  The matter referred to the Arbitrator in this
 case was the order in which grievances would proceed to arbitration
 hearing or, more specifically, whether the party invoking arbitration
 could unilaterally choose the order in which grievances would be heard.
 The Union maintained that under the same provision the grievances had to
 be heard in the order